'Yoon Detention Cancellation' Court Deliberates Repeatedly, Verdict After Impeachment Ruling?

Detention Cancellation Hearing Held on the 20th of Last Month
Court to Decide Timing of Ruling Considering Seriousness of the Case

As the court continues to deliberate over whether to cancel President Yoon's detention, attention is focused on the timing of the decision. Since there is no legally set deadline for the decision on the cancellation of detention, some analysts believe that the release of President Yoon will come after the ruling on his impeachment trial.

Yonhap News

According to the legal community on the 7th, the 25th Criminal Division of the Seoul Central District Court (Chief Judge Ji Gui-yeon) held a hearing on the cancellation of detention requested by President Yoon on the morning of the 20th of last month. President Yoon’s side filed the request for cancellation of detention with the Seoul Central District Court on the 4th of last month. Although the court usually makes a decision within seven days from the date of the request, the presiding court exceeded that deadline and held an additional hearing, considering the gravity of the matter.

Even if the request for cancellation of detention is dismissed in this decision, President Yoon’s side can appeal to the High Court and the Supreme Court. There are three options for cancellation of detention: bail, a review of the legality of arrest, and a request for cancellation of detention, but only the request for cancellation of detention has an appeal procedure. Considering this, it is analyzed that President Yoon’s side chose the rarely used request for cancellation of detention as a practical measure.

At the earlier hearing, President Yoon’s side argued for his release, claiming that the investigation and prosecution procedures by the Corruption Investigation Office for High-ranking Officials (CIO) regarding the charge of rebellion were all conducted illegally and that there was no risk of evidence destruction. They also pressured the court by stating that since the detention period had expired before the indictment, President Yoon is currently under illegal arrest and illegal detention, which could become the court’s responsibility.

In response, the prosecution countered that the detention and indictment were carried out within the legal period and proper procedures, and that the CIO’s investigation into the rebellion charge was lawful. Regarding the risk of evidence destruction, they argued that since President Yoon is still in office, there is a possibility of attempts to influence witnesses, and thus the request for cancellation of detention should be dismissed.

The court stated, "If additional written submissions are made within ten days, we will carefully consider and decide," and President Yoon’s side submitted additional briefs citing "illegal detention" on the 21st and 24th of last month. The prosecution submitted its brief on the 27th of last month. Although the deadline for submitting briefs set by the court was on the 2nd, the court is still hesitating over the outcome. The legal community generally agrees that the result will come after the impeachment trial ruling, but opinions differ on the possibility of cancellation of detention for President Yoon.

A lawyer who is a former prosecutor explained, "Courts usually fall into two categories: those that do not want to exert influence on political matters and those that want to make a conclusion to reveal themselves. This court seems to be playing a waiting game and will likely make a decision after the impeachment trial ruling." He added, "It will be quite difficult for the detention to be canceled."

A lawyer who is a former judge said, "Whatever choice is made, the court will inevitably face criticism, so it seems that the court is holding the decision to see the impeachment ruling: if dismissed, the detention will be canceled; if accepted, it will remain as is." He added, "Regardless of the charge of rebellion, there were many procedural errors in the detention process itself, so there is a possibility that the detention will be canceled."

Meanwhile, the Constitutional Court concluded the impeachment trial arguments on the 25th of last month and has entered deliberations for the ruling. Based on past cases of former Presidents Roh Moo-hyun and Park Geun-hye, the final ruling is expected to be made in mid-March. The date of the ruling is expected to be announced two to three days prior to the ruling.