Expresses Opinion on Controversy Over Calculation of Detention Period Under Criminal Procedure Law
From Radio Appearances to Social Media Posts on Current Issues
Moon Hyungbae, former Acting Chief Justice of the Constitutional Court, expressed the opinion that there should be an opportunity to rectify the court's decision to cancel the detention of former President Yoon Seokyeol in March. Moon, who led the Constitutional Court's impeachment trial that decided to remove former President Yoon from office on April 4, has given media interviews and lectures since his retirement on April 18, but this is the first time he has publicly stated his position on the case involving former President Yoon.
On the 18th, Moon posted on his social media, "There are legal questions regarding the decision to cancel the detention of former President Yoon," and added, "Even now, it would be good to file a regular appeal so that a higher court can review whether the decision should be corrected." Previously, Judge Ji Guyoun, presiding over the Criminal Division 25, which is handling Yoon's insurrection case, accepted Yoon's request for cancellation of detention in March and granted the motion. The decision was based on calculating the detention period by 'hours' rather than 'days,' concluding that Yoon was indicted after the detention period had expired. However, this was criticized as an unusual decision that deviated from the established practice of calculating by days. As a result, some argued that prosecutors should immediately appeal, but the Supreme Prosecutors' Office ultimately did not file an immediate appeal, leading to controversy.
Moon Hyungbae Expands Activities: "Insurrection Panel Will Go to the Constitutional Court Depending on Defendant's Objection"
In legal and academic circles, there have been ongoing opinions that, given the trial judge's sharply different stance from usual prosecutorial practice, it is necessary to seek a higher court's judgment on this issue. The need to review whether the cancellation of detention was appropriate, and the fact that without an appeal or re-appeal a final Supreme Court ruling cannot be obtained, were cited as reasons. Additionally, some have argued that the Supreme Court should establish a unified standard. Moon also added his voice to these opinions.
Former Acting President Moon, who gained popularity among the ruling party supporters by directly reading the order "Dismiss the defendant President Yoon Seokyeol," has recently been expanding his activities by actively participating in current affairs radio shows and special lectures.
Furthermore, Moon commented on the Democratic Party's push to establish a dedicated insurrection trial panel. He stated, "The so-called insurrection panel issue will inevitably be judged for constitutionality by the Constitutional Court if the defendant objects, so controversy is bound to continue," and added, "Therefore, I believe it would be desirable for the panel in charge to take credible measures, considering the public's distrust." However, he did not specify what concrete actions the panel should take. In conclusion, he said, "I am offering this advice out of affection for the judiciary."
Meanwhile, Moon, who gained popularity among ruling party supporters by directly reading the order "Remove the defendant President Yoon Seokyeol from office," has recently been expanding his public activities by actively participating in current affairs radio shows and special lectures. The previous day, on SBS Radio's "Kim Taehyun's Political Show," he advised, in response to the heated political debate sparked by President Lee Jaemyung's recent comments on the hierarchy of power in South Korea and the supremacy of elected authority, "I suggest you read the Constitution of the Republic of Korea."
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