Prosecutors' Office: "No Confirmation of Illegality in Yoon Investigation... Will Monitor Prosecutors' Appeal Decision"

Court: "No Clear Provisions in the HCOCIU Act or Related Laws"

The High-ranking Officials' Crime Investigation Unit (HCOCIU) stated on the 7th regarding the court's decision to cancel the detention of President Yoon Seok-yeol, "The court did not confirm the illegality of the HCOCIU investigation nor accept the defendant's claims."

Yonhap News

Through a press release, the HCOCIU explained, "The parts contained in the detention cancellation ruling are a summary of the defendant's claims by the court." The Seoul Central District Court accepted President Yoon's request to cancel his detention on the same day.

The court judged, "It is appropriate to cancel the detention to ensure procedural clarity and to eliminate doubts regarding the legality of the investigation process." Previously, President Yoon's side argued that the scope of the HCOCIU investigation did not include the crime of rebellion, that there was no evidence or material indicating recognition of the crime of rebellion during the abuse of power investigation, and that the HCOCIU and prosecution divided the detention period through consultation without legal grounds and did not follow the procedure for custody transfer.

In response, the court explained, "There are no clear provisions in the HCOCIU Act or related laws regarding the circumstances raised by the defense, nor are there Supreme Court interpretations or rulings on this matter," adding, "If the criminal trial proceeds while leaving the controversy as is, it could be grounds for annulment in higher courts or even a reason for retrial long after." It is difficult to definitively determine the legality of the HCOCIU and prosecution investigation processes claimed by President Yoon's side at this point.

Additionally, the HCOCIU stated regarding the court's decision to cancel detention, "We will observe whether the prosecution files an immediate appeal." President Yoon's release is possible only if the Seoul Central District Prosecutors' Office, the prosecuting agency, does not file an immediate appeal within seven days even after the court's detention cancellation decision. On the same day, Seok Dong-hyun, a lawyer representing President Yoon, argued, "Since the immediate appeal system for this decision has been declared unconstitutional, it is appropriate to order the immediate release of the president."