Shim Woo-jung: "Respecting Due Process Is Not Grounds for Impeachment"
Prosecutor General Explains Decision Not to File Immediate Appeal on President Yoon's Release
Prosecutor General Shim Woo-jung is answering reporters' questions about President Yoon Seok-yeol's decision to order a release as he arrives at the Supreme Prosecutors' Office building in Seocho-gu, Seoul on the 10th. Photo by Yoon Dong-ju
Prosecutor General Shim Woo-jung explained that the reason for not filing an immediate appeal against the cancellation of President Yoon Seok-yeol's detention was "a conscientious adherence to the principle of due process." Regarding claims from some quarters that the possibility of dismissal of the indictment against President Yoon has increased, she responded, "I have directed to actively contest various controversies on the merits and will thoroughly maintain the prosecution."
On the morning of the 10th, as she arrived at the Supreme Prosecutors' Office building in Seocho-gu, Seoul, Shim told reporters, "I made the decision after synthesizing various opinions from the investigation team and the Supreme Prosecutors' Office chiefs' meeting," adding, "I do not believe this constitutes grounds for resignation or impeachment. Since impeachment is the prerogative of the National Assembly, if the procedure proceeds, we will respond accordingly."
Shim stated, "Due process and the protection of human rights have been the fundamental missions of the prosecution that I have continuously emphasized since taking office," and added, "Since the authority to decide on the defendant's custody after indictment lies with the court, I respected the court's decision."
She also explained that the immediate appeal system for bail, suspension of detention execution, and cancellation of detention was introduced 52 years ago during the 'Yushin Constitution' era, when the National Assembly was dissolved and an emergency legislative body was established. She said, "The Constitutional Court ruled the immediate appeal system for bail and suspension of detention execution unconstitutional. In this situation, filing an immediate appeal and causing another constitutional issue is not appropriate."
Shim said, "The method of calculating detention periods has been a long-standing practical practice between the courts and prosecution since the introduction of the detention hearing system," and added, "(The court's judgment) does not align with existing practical practices, so I find it difficult to agree and have directed the investigation team to contest this on the merits." Regarding responsibility for the Corruption Investigation Office for High-ranking Officials (CIO), she refrained from commenting, saying, "It is not appropriate to speak about other institutions." About the Prosecutors' Association sending text messages to members saying "Thank you for participating in the petition for release," she clarified, "It is a gathering of retirees and has no relation to the prosecution."
Earlier, on the 7th, the 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Gwi-yeon) canceled President Yoon's detention. The reason was that the prosecution's existing practical method of calculating detention periods did not comply with the principles of the Criminal Procedure Act, meaning President Yoon was unlawfully detained at the time of indictment. The prosecution decided to forgo the 27-hour deliberation immediate appeal and release President Yoon. During this process, differences of opinion between the Special Investigation Headquarters advocating for immediate appeal and the Supreme Prosecutors' Office were also exposed.
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