▲ Former President Yoon Seok-yeol
The special investigation team led by Jo Eun-seok has stated that there is “no practical benefit” in appealing the decision to cancel the detention of former President Yoon Seok-yeol, in response to Moon Hyung-bae, former acting chief of the Constitutional Court, who suggested that a general appeal should be considered.
In a regular briefing today (18th), Special Prosecutor Park Ji-young explained that opinions are divided on whether an appeal can be made after the expiration of the appeal period for decisions subject to immediate appeal.
In March, Presiding Judge Ji Gwi-yeon of the 25th Criminal Division, responsible for the trial of Yoon’s rebellion leadership case, decided to grant Yoon’s request for cancellation of detention.
This decision was based on calculating the period of detention in ‘hours’ rather than ‘days,’ which deviated from the usual practical practice based on days, leading to criticism as an unusual decision.
Although there was an opinion that the prosecution should make an immediate appeal, the Supreme Prosecutors’ Office eventually decided not to pursue it after considerable review, resulting in Yoon’s release.
In response, former Acting Chief Moon stated on his social media today, “The decision to cancel former President Yoon’s detention raises legal questions,” and suggested, “It would be beneficial to consider a general appeal even now to allow higher courts to review the matter.”
Special Prosecutor Park mentioned that the prevailing view is that cases subject to immediate appeal do not qualify for a general appeal after the appeal period has lapsed. “In Japan, the law explicitly states that decisions subject to immediate appeal are not eligible for general appeal,” he added.
This indicates that the period for an immediate appeal regarding Yoon’s detention cancellation has already expired, and it is difficult to see it as a subject for a general appeal.
Park also noted that even if it were subject to general appeal, criminal procedure law requires that appeals must have practical benefits. Since former President Yoon is already released, there is no practical benefit in this situation.
Furthermore, he commented, “The cancellation of detention was made in a situation where the prosecution is maintaining the indictment, raising doubts about whether a separate body like a special investigation team can file an appeal,” suggesting that further review is required on this matter.