Detained Yoon, Possibility of Filing 'Detention Review'... Impeachment Trial Must Proceed While Detained
by Lim Chulyoung
Published 19 Jan.2025 09:18(KST)
Updated 19 Jan.2025 09:20(KST)
Yoon's Side Has Utilized All Available Legal Procedures...
Detention Review Expected to Follow Arrest Review
Yoon's Statement: "No Concern of Evidence Destruction"
Attention on Public Attendance at Impeachment Trial...
Cooperation with Investigative Agencies
President Yoon Seok-yeol, the first sitting president to be detained, is drawing attention as to whether he will attempt to reverse his detention status through a detention review following the arrest review. Given that President Yoon's side has utilized all available legal means procedurally so far, there is significant weight on the possibility that they will challenge the legitimacy of the detention.
Chief Judge Cha Eun-kyung of the Seoul Western District Court, after conducting a pre-arrest suspect interrogation (warrant review) for President Yoon, who is accused of leading a rebellion and abuse of power obstructing the exercise of rights, issued a detention warrant around 3 a.m. on the 19th, stating "there is a concern that the suspect may destroy evidence." Including former presidents, he became the fifth president in history to be detained.
Accordingly, since President Yoon's side contested the legitimacy of the arrest through an arrest review, it is highly likely that they will proceed with a detention review to challenge the legitimacy this time as well, potentially using the process to rally their support base. In a statement released that morning, President Yoon's side protested, saying, "The president is in a state of suspension from duty and is not in a position to exert influence on anyone, and about ten key figures in the case have already been detained and indicted. What evidence is there to fear being destroyed?" The arrest review filed earlier by President Yoon's side at the Seoul Central District Court was dismissed around 11 p.m. on the 16th.
If a detention review is filed following the arrest review, the key issue will be whether there are changed circumstances warranting cancellation of the detention. The court will determine whether the conditions and procedures for detention violated legal regulations and whether the necessity for continued detention has disappeared. However, it is currently assessed that it is unlikely the court will accept this.
Some speculate about the possibility of conditional release upon payment of bail, a pre-indictment bail procedure. The court may order release on the condition of paying bail to guarantee the suspect's appearance, separate from the legality of detention. However, if there is sufficient reason to believe there is a risk of evidence destruction, release cannot be ordered.
Yoon, the first president to face impeachment trial while detained... Constitutional Court and investigative agencies expected to coordinate attendance issues
President Yoon will undergo the Constitutional Court's impeachment trial while being held in detention. This is the first case in constitutional history where an impeachment respondent has become a detained suspect, and the Constitutional Court is expected to coordinate attendance issues with correctional authorities, the High-ranking Officials' Crime Investigation Unit (Gong-su-cheo), and the prosecution.
From the investigative agencies' perspective, under the Criminal Procedure Act, a detained suspect can only be investigated while detained for up to 20 days, so they may be reluctant to have President Yoon attend the impeachment trial. Investigative agencies must either indict or release the suspect within 20 days at most.
The problem lies in the relevant regulations. It is known that there are no clear rules regarding attendance when the impeachment respondent is detained. Since this relates to constitutional rights such as the right to defense, if President Yoon expresses his intention to attend, it will likely be difficult for investigative agencies like Gong-su-cheo to prevent it.
Immediately, President Yoon's side has stated that he will personally attend the upcoming impeachment trial to explain the reasons for declaring martial law. Previously, President Yoon did not attend the first hearing on the 14th, citing the attempt to execute the arrest warrant, and did not attend the second hearing on the 16th, citing his detained status by Gong-su-cheo.
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