Emergency Press Conference Held
Responsibility of Prosecutor General Shim Woo-jung Raised
Refuting the "Appeal After Release" Theory as Nonsense
Opposition members of the Legislation and Judiciary Committee urged the prosecution on the 7th to immediately file an appeal against the court's decision to cancel the detention of President Yoon Seok-yeol. They condemned as "nonsense" the notion raised by some that an appeal could be filed after his release.
On the same day, opposition judiciary committee members held an emergency press conference in front of the plenary session hall. They said, "For whom and what is the prosecution hesitating?" and urged, "The prosecution must immediately appeal today's court decision, which is unacceptable, as clearly stipulated in the Criminal Procedure Act."
They stated, "Article 97 of the Criminal Procedure Act (Bail, Cancellation of Detention, and Prosecutor's Opinion) clearly states that the prosecutor may immediately appeal a decision canceling detention," adding, "Wasn't the prosecution's indictment of Yoon Seok-yeol during detention based on the fact that there was no problem with the detention period?" They continued, "Wasn't the prosecution's fight against Yoon's side's unfair claims during the hearing of the detention cancellation case because they judged there was no problem with the detention indictment?" and pointed out, "Therefore, the prosecution's wavering stance until now is self-denial and self-contradiction."
Opposition judiciary committee members said, "Releasing the unprecedented ringleader of a rebellion for reasons that no citizen can accept is a crime against history," and warned, "The prosecution appearing to be in doubt itself is self-denial and could cause a second West District Court terror incident."
They pointed out, "On January 24, the court denied the prosecution's request to extend the detention period," adding, "If the Yoon Seok-yeol case, transferred from the Corruption Investigation Office for High-ranking Officials (CIO), had been immediately prosecuted then, nothing would have happened, but Prosecutor General Shim gathered all the chief prosecutors nationwide and delayed the indictment until the 26th under the pretext of discussion." They continued, "The investigation is led by the prosecution's special investigation headquarters," and warned, "Head of the headquarters, High Prosecutor Park Se-hyun, must not risk his position by immediately appealing the court's detention cancellation decision or directing Yoon Seok-yeol's release."
They also clarified that the Constitutional Court's ruling that immediate appeals are unconstitutional does not apply to this case.
Opposition judiciary committee members argued, "The cases of suspension of detention execution and bail decisions, which the Constitutional Court ruled unconstitutional, are clearly different from the detention cancellation case."
Democratic Party lawmaker Park Gyun-taek pointed to Prosecutor General Shim's responsibility regarding the prosecution's delay in filing an immediate appeal. He said about the decision on immediate appeal, "Isn't the upper echelon of the Supreme Prosecutors' Office opposing it?" and criticized, "It's a case where a bad boss drags subordinates into the grave."
Democratic Party lawmaker Park Eun-jung of the Innovation Party said, "If this investigation team does not file an immediate appeal and fails to follow the law, it could be considered dereliction of duty," and added, "Before history and the people who wish for the punishment of the rebel ringleader Yoon Seok-yeol, I hope they immediately file an appeal today."
Regarding some speculation that an immediate appeal could be filed after release, Democratic Party lawmaker Park Beom-gye argued, "Filing an appeal when there is no subject to dispute is self-contradictory and nonsense."
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