"Even Overturning Legal Interpretation for Release"...Minbyun Criticizes Yoon's Detention Cancellation

The Gwangju-Jeonnam branch of Lawyers for a Democratic Society (Minbyun) strongly criticized President Yoon Sukyeol's release from detention and the prosecution's decision to forgo an immediate appeal. They argued that the court, which released the president by altering legal interpretations, and the prosecution, which failed to take procedural action, have undermined the fairness of the criminal justice system.

President Yoon Sukyeol. Yonhap News

On the 12th, the Gwangju-Jeonnam branch of Minbyun issued a statement, saying, "The Seoul Central District Court canceled the detention of President Yoon, who was indicted as the main culprit of insurrection, and the prosecution abandoned the immediate appeal process," adding, "The court recklessly expanded the interpretation of the Criminal Procedure Act, damaging legal stability, and the prosecution did not even take the minimum legal action in response."

They particularly took issue with the court's decision, which differed from previous rulings regarding the calculation of detention periods. Minbyun stated, "In principle, the period from when a detained suspect is arrested until the records are returned to the prosecution is not excluded from the detention period," and criticized, "This decision is based on an unprecedented logic that deviates from existing legal interpretation, representing a case where the judiciary itself undermined legal trust."

They also questioned the prosecution's decision to forgo an immediate appeal. Minbyun pointed out, "The prosecution's explanation that it abandoned the immediate appeal due to the Constitutional Court's ruling on the unconstitutionality of suspension of detention lacks consistency," and added, "It also contradicts the position expressed in 2015 by then Vice Minister of Justice Kim Juhyun (currently Senior Presidential Secretary for Civil Affairs)."

Furthermore, Minbyun mentioned that after President Yoon's release, the prosecution instructed local prosecutors' offices to calculate detention periods in days as before, arguing, "This is the prosecution's own admission that abandoning the immediate appeal was done solely for the benefit of a particular figure in power."

Minbyun stated, "The judiciary and prosecution have undermined the principles of criminal procedure and set a dangerous precedent by even altering legal interpretations to secure the release of a person in power," and urged, "The Constitutional Court must swiftly deliver an impeachment ruling to restore public trust and uphold the rule of law."

This content was produced with the assistance of AI translation services.