On his social media, “Voluntarily Abandoning Prosecutorial Authority Clearly Stipulated by Law”
Shin Hyunseong, head of the Democratic Party’s Boryeong-Seocheon regional committee and a former prosecutor, criticized on the 11th the prosecution’s decision to forgo an immediate appeal against the cancellation of President Yoon Sukyeol’s detention. He said, “Isn’t this the same prosecution that relentlessly appealed and harassed ordinary citizens even after a not-guilty verdict in the first trial?” and questioned, “Since when did Prosecutor General Shim Ujeong develop such convictions?”
On his social media that day, Shin wrote, “Prosecutor General Shim claims he did not immediately appeal the cancellation of detention due to potential unconstitutionality and calls it his conviction, but this is drastically different from how the prosecution has handled cases so far.”
He continued, “How many times has a prosecutor ever voluntarily given up their authority, which is clearly stipulated in the law, just because there hasn’t been a constitutional judgment yet?”
He stated, “In 2012, after the Constitutional Court found the prosecutor’s right to immediately appeal a suspension of detention unconstitutional, there was discussion in the National Assembly in 2015 about abolishing the immediate appeal right for detention cancellation.”
He added, “At that time, Kim Juhyun, then Vice Minister of Justice and now Senior Presidential Secretary for Civil Affairs, argued that the unconstitutionality ruling regarding suspension of detention did not apply to the immediate appeal right for detention cancellation, and insisted that such a right was necessary. That is why it remains defined as ‘the prosecutor’s authority’ in the current Criminal Procedure Act.”
Shin pointed out, “Prosecutor General Shim concealed the fact that the immediate appeal right for detention cancellation was retained in the current law due to opposition from the Ministry of Justice and the prosecution 10 years ago, and misled the public as if an immediate appeal against the court’s cancellation of detention was unconstitutional.”
He particularly emphasized, “Even when indicting Yoon Sukyeol and seeking his detention, in a situation where every moment counted, Prosecutor General Shim convened a meeting of all district and high prosecutors nationwide, causing Yoon’s detention period to be exceeded by a day and a half. I strongly suspect he deliberately delayed to release Yoon Sukyeol, who appointed him.”
Shin further criticized, “Why is Prosecutor General Shim so lenient only toward a defendant who is a former prosecutor general and now president, contrary to the way he has exercised prosecutorial power in the past? I think he’s making such an unreasonable decision and calling it his conviction because he’s in league with the forces of insurrection.”
He concluded, “By abusing his authority to release the ringleader of an insurrection, Prosecutor General Shim is the very person who has destroyed the criminal justice system, and he is no longer qualified to lead the prosecution. He must resign immediately.”
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