Prosecution Reapplies for Detention Extension Just Four Hours After Court Denial, Citing Past Cases
Court May Decide as Early as the 25th
If Denied Again, Prosecution May Indict President Yoon Before Detention Expires Without Further Investigation
The prosecution has once again requested the court to extend the detention period of President Yoon Seok-yeol. The reapplication was made about four hours after the court denied the extension the previous day, and the prosecution further reinforced the reasons for extending the detention period. The prosecution stated that it is difficult to accept the court's decision to deny the extension based on the "purpose of Article 26 of the Public Officials Corruption Investigation Office Act (PCCIO Act), which separates investigation and prosecution to ensure the fairness of investigations and applies this separation between the PCCIO and the prosecution office."
The Special Investigation Headquarters for Emergency Martial Law (Head: Park Se-hyun, Chief Prosecutor of Seoul High Prosecutors' Office) announced on the 25th at 2 a.m. that it had reapplied to the Seoul Central District Court to permit the extension of President Yoon's detention period. The prosecution requested the extension until the 6th of next month.
The prosecution explained the reason for the reapplication, stating, "In light of past cases where prosecutors at the prosecution office conducted supplementary investigations such as searches and seizures on cases transferred from the PCCIO, and the provisions of the Criminal Procedure Act, the supplementary investigation rights of prosecutors over cases transferred by the PCCIO are naturally recognized, so an extension of the detention period is necessary." They also stated that the supplementary investigation rights include both voluntary and compulsory investigations.
The past cases cited by the prosecution include the case of former Seoul Metropolitan Office of Education Superintendent Cho Hee-yeon and the case involving former Busan Metropolitan Office of Education Superintendent Kim Seok-jun regarding the special hiring of dismissed teachers. On September 3, 2021, the PCCIO requested prosecution for former Superintendent Cho, and the prosecution took over the case, conducted supplementary investigations, and prosecuted Cho without detention. Similarly, in the case of former Superintendent Kim, after the PCCIO transferred the case with a prosecution opinion, the prosecution conducted additional searches of residences.
Regarding Article 26 of the PCCIO Act, which the court cited as grounds for denying the extension, the prosecution holds the position that the provision requires the PCCIO to transfer cases it cannot prosecute directly to the Seoul Central District Prosecutors' Office and mandates that the prosecutor handling the case promptly notify whether to prosecute, but it cannot be interpreted as separating investigation and prosecution. According to Article 196 of the Criminal Procedure Act, which the PCCIO Act must apply mutatis mutandis, prosecutors must investigate if there is suspicion of a crime, and under Article 4 of the Prosecutors' Office Act, although there are some restrictions, cases received from the PCCIO can be sufficiently investigated.
Earlier, on the 23rd, the prosecution applied to the Seoul Central District Court to extend the detention period after receiving the case against President Yoon Seok-yeol, accused of "leader of rebellion," from the PCCIO. However, at 10 p.m. on the 24th, the court denied the extension, stating, "In cases where a PCCIO prosecutor investigates a case involving high-ranking public officials' crimes and attaches a prosecution request, transferring the documents and evidence to a prosecutor at the prosecution office, it is difficult to find substantial reasons for the prosecutor who received the case to continue the investigation to decide whether to prosecute."
The court cited as grounds the legislative intent of the PCCIO Act to establish the PCCIO to investigate crimes of high-ranking public officials independently, the purpose of Article 26 of the PCCIO Act to separate investigation and prosecution to ensure fairness and apply this between the PCCIO and the prosecution office, and the absence of explicit provisions in the PCCIO Act regarding the supplementary investigation rights or scope of prosecutors belonging to the prosecution office.
The court's decision on the prosecution's reapplication may come as early as the night of the 25th. If the court permits the extension, the prosecution will secure a detention investigation period of more than 10 days. The prosecution is already preparing for a face-to-face investigation of President Yoon, but if the court denies the extension again, there is a possibility that President Yoon will be indicted before the first detention period expires on the 27th. If the prosecution deems additional investigation necessary, it may conduct a face-to-face investigation after releasing President Yoon and prosecute him without detention.
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