South Korea’s prosecution reaffirmed on March 13 that it will not appeal the court’s ruling on releasing President Yoon Suk-yeol from detention, one day after Supreme Court Justice Chun Dae-yeop, who also heads the National Court Administration, suggested on March 12 that an appeal should be made to seek a Supreme Court ruling.
In a statement, the Supreme Prosecutors’ Office (SPO) said, “Deciding whether to challenge the detention cancellation is the prosecution’s responsibility. Since the Prosecutor General has carefully reviewed the matter with the investigation team and senior prosecutors before making a decision, this should not be influenced by any external pressure.”
The SPO acknowledged that the court’s decision on President Yoon’s detention went against long-established legal practice and was unfair. However, it decided not to appeal, considering the Constitutional Court’s past rulings that found immediate appeals in detention-related cases unconstitutional. The prosecution also noted the court’s view that, beyond the detention period issue, the investigation must be legally sound. Instead of filing an appeal, the prosecution plans to address the matter in the main trial.
The SPO added that it would work with relevant authorities to revise laws and clarify rules on detention periods and appeals to prevent legal confusion.
Previously, on March 7, the Seoul Central District Court’s Criminal Division 25, led by Judge Ji Gui-yeon, accepted President Yoon’s request to cancel his detention. The court ruled that the prosecution miscalculated the detention period by counting days instead of hours. It also questioned whether the Corruption Investigation Office for High-ranking Officials (CIO), which initially detained Yoon, had the authority to investigate insurrection charges.
Despite opposing the ruling, the prosecution released Yoon on March 8, arguing that detention periods have always been calculated in days. It decided not to appeal, citing previous Constitutional Court rulings in 1993 and 2012, which found appeals against bail and detention suspensions unconstitutional. The prosecution believed an appeal against a more serious ruling, such as detention cancellation, would also be unconstitutional.
Justice Chun Dae-yeop told the National Assembly’s Legislation and Judiciary Committee on March 12 that the prosecution should file an immediate appeal, pointing out that confusion persists as they continue to calculate detention periods in days despite the court’s ruling. He also argued that a higher court’s judgment was necessary. However, after gathering opinions from senior prosecutors, Prosecutor General Sim Woo-jung reaffirmed the previous decision not to appeal the following day.