‘Current Supreme Court Justice’ Cheon Dae-yeop, Head of the Court Administration Office, Expresses Need for Immediate Appeal Regarding President Yoon’s Release Decision
Following the decision to cancel the detention of President Yoon Seok-yeol, the prosecution’s decision to forego an immediate appeal and direct his release has led to a growing controversy, with Cheon Dae-yeop emphasizing the necessity of an immediate appeal.
Public opinion is increasingly leaning towards the notion that the prosecution has failed to fulfill its duties.
In response, the Supreme Prosecutor’s Office stated they are “under review,” while the Ministry of Justice refuted this by arguing that the immediate appeal is unconstitutional.
However, considering that the opinion of the head of the Court Administration Office cannot be disregarded and that Cheon is a current Supreme Court Justice, there are predictions that the prosecution may find it difficult to exclude an immediate appeal.
Since the deadline for an immediate appeal is until the 14th, the confusion within the judicial system is expected to persist regardless of the prosecution’s final decision.
On the 12th, during a session of the National Assembly’s Legislative Judiciary Committee, Cheon stated, “Amid ongoing controversies over the counting of the detention period, there is a high possibility that confusion will continue as the prosecution insists on calculating it on a daily basis, despite the court’s decision. It is necessary to receive a ruling from a higher court through an immediate appeal.”
This response came after the Seoul Central District Court’s Criminal Division 25, led by Judge Ji Gwi-yeon, decided to cancel President Yoon’s detention on the 7th, proposing the logic that “the detention period must be counted in hours,” indicating a need to resolve the controversy through higher court judgment. Cheon is a sitting Supreme Court Justice.
Supreme Prosecutor’s Office: “Under Discussion,” Ministry of Justice Highlights ‘Unconstitutionality’… “Could Lead to Significant Legal Issues”
The Supreme Prosecutor’s Office has stated a general position that they are “currently reviewing the discussions in the Legislative Judiciary Committee.” While it is reported that the prosecution has not yet submitted a waiver of immediate appeal to the court, the Ministry of Justice has reiterated their stance against the appeal, emphasizing its unconstitutionality.
Acting Minister of Justice Kim Seok-woo responded to inquiries from opposition lawmakers at the Legislative Judiciary Committee by stating, “I believe the court’s decision is unjust and needs correction,” yet added, “If an immediate appeal is pursued, there’s a high chance of it being deemed unconstitutional, so we plan to address it in the main trial.”
In response to the opposition’s objections, he expressed that “if an immediate appeal is filed, the court will very likely request a constitutional review, and if the Constitutional Court renders a ruling of unconstitutionality, the detention conducted under that law risks being retroactively invalidated,” stating, “This could lead to substantial legal issues in the main trial.”
Amid the ongoing tension between the positions of the court, prosecution, and the Ministry of Justice regarding the immediate appeal, it appears that controversy is unlikely to settle easily, regardless of the prosecution’s decision.
Image Sources: News1
