"What Is This About?"... Gwangju Stirs Over Yoon Sukyeol's Release

Court Grants Detention Cancellation on the 7th... Trial to Proceed Without Detention
Controversy Over Calculation of Detention Period... Scope of CIO Investigation in Question

President Yoon Seokyeol is delivering his final statement at the 11th impeachment trial of President Yoon held at the Constitutional Court in Jongno-gu, Seoul on the 25th of last month. Photo by Constitutional Court

At 2 p.m. on the 7th, in a cafe in Buk-gu, Gwangju. After lunch, citizens were chatting with coffee in hand. The peaceful atmosphere of the cafe was shattered when breaking news appeared on the TV. As the subtitle "President Yoon Sukyeol Released" scrolled across the screen, the cafe was filled with murmurs.

The citizens expressed bewilderment, saying, "The country is going to become chaotic again," "I was just waiting for the impeachment ruling, but what is this now?" and "I wonder if the court made the right decision."

One citizen, checking real-time news on his smartphone, said, "I didn't expect him to be released so suddenly," and added, "It's absurd that such a decision comes out while the impeachment trial is still ongoing." His friend, Mr. Park (58), also sighed, saying, "Now I really have no idea what's going on anymore."

Meanwhile, the court decided to cancel the detention of President Yoon Sukyeol that day. The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Guyon) accepted President Yoon's request for cancellation of detention, which was filed on the 4th of last month.

The court found that the prosecution's method of calculating the detention period by days was disadvantageous to the suspect. As President Yoon's side argued, the court ruled that the time spent on pre-detention suspect interrogation and detention warrant review should also be included in the detention period.

The court stated, "The detention period should be calculated based on actual hours, not by days." The reason is that calculating by days creates the irrationality of lengthening the detention period by the time investigation documents remain at the court.

According to this standard, President Yoon's detention period was from 10:33 a.m. on January 15 to midnight on January 24. However, the prosecution filed charges at 6:52 p.m. on January 26, which was already after the detention period had expired.

The court further accepted President Yoon's argument that even if the detention period had not expired, the Corruption Investigation Office for High-ranking Officials Act (CIO Act) does not include insurrection among its investigable crimes. The CIO Act does not specify insurrection as a target for investigation, and there is no Supreme Court interpretation on this matter.

The court explained, "Since there are doubts about the clarity of the procedures and the legality of the investigation process, cancellation of detention is appropriate." As a result, President Yoon will now stand trial without detention.