Prosecutor General Shim Woo-jung defended his decision to agree with the court’s ruling on releasing President Yoon Seok-yeol from detention. “The decision was based on the principle of due process and by my convictions,” he said. “I do not believe this constitutes grounds for resignation or impeachment.”
Upon arriving at the Supreme Prosecutors’ Office on the morning of Mar. 10, Shim told reporters, “Since impeachment falls under the authority of the National Assembly, we will respond accordingly if the process moves forward.” The main opposition Democratic Party of Korea denounced Shim’s decision to release Yoon and threatened to impeach him if he did not resign.
Yoon was released from detention on Mar. 8, a day after the Seoul Central District Court accepted his request to cancel his detention. Prosecutors initially debated whether to file an appeal that would challenge the court’s ruling, but Shim ultimately decided not to appeal and ordered Yoon’s release at around 5 p.m. on the same day.
“Ensuring due process and protecting human rights are fundamental responsibilities of the Prosecution, which I have prioritized since taking office,” said Shim, regarding his decision not to pursue an immediate appeal. “Once an indictment is made, the authority to determine a defendant’s custody lies with the court, and I respect the court’s ruling.”
Shim also pointed out that the system allowing immediate appeals against bail, suspension of detention, and revocation of detention was introduced 52 years ago during the Fourth Republic of Korea, based on the authoritative Yushin Constitution, when the National Assembly was dissolved, and an emergency legislative body was in power. He noted that the Constitutional Court has twice ruled that immediate appeals against bail and arrest orders are unconstitutional.
“The Constitutional Court has made it clear that these appeals violate the principle of warrant requirement, due process, and proportionality,” he said. “Given this context, filing an immediate appeal would have been inconsistent with constitutional principles.”
However, Shim did take issue with the court’s method of calculating Yoon’s detention period. “Calculating detention periods has been a long-standing practice among courts and prosecutors,” he said. “The court’s decision deviates from this established practice, making it difficult to accept. I have directed the investigation team to challenge this matter during the main trial.”
Yoon’s release came 28 hours after the court’s ruling, reportedly due to internal disagreements within the prosecution over whether to appeal. Shim clarified that the delay resulted from a thorough review of legal opinions. “The investigation team submitted its stance, and I made the final decision after considering all perspectives, including discussions with senior prosecutors,” he said.
Shim also refuted allegations that the nationwide prosecutors' meeting, held just before Yoon’s detention period expired, was a deliberate delay tactic. “The purpose of the meeting was to gather legal opinions and determine the direction of prosecution in a case of national significance,” he said.
“The claim that the prosecutors' meeting led to the revocation of Yoon’s detention is unfounded, as the court’s method of calculating the detention period does not align with the long-standing practices of courts and prosecutors.”
