The prosecution again requests to extend Yoon’s detention after the judicial rejection

Prosecutors refiled a motion early Saturday seeking approval to extend President Yoon Suk Yeol’s detention period, about four hours after a South Korean court denied their initial request on Friday.

The court explained that the prosecution lacks clear legal authority to conduct additional investigations into Yoon, whose case was initially handled by the Corruption Investigation Bureau for High-ranking Officials, making it unjustifiable to extend his detention.

The prosecution, however, questioned the court’s ruling, asserting its right to conduct additional investigations into Yoon, who faces insurrection charges for his failed declaration of martial law on December 3, citing previous similar cases and the provisions of the Criminal Procedure Law.

“The prosecutor’s authority to conduct supplementary investigations into cases referred by the CIO is clearly recognized, justifying the need for an extension of the detention period,” the prosecutor’s office said in a statement.

Prosecutors have previously conducted supplementary investigations into cases referred by the CIO, including investigations into now-ousted Seoul Metropolitan Office of Education Superintendent Cho Hee-yeon in 2021 and former Busan Metropolitan Office of Education Superintendent , Kim Seok-joon, in 2023.

On Thursday, the prosecution requested an extension of Yoon’s pretrial detention until Feb. 6, the same day the case was transferred from the CIO to the Seoul Central District Prosecutor’s Office.

The CIO, unable to directly indict the president, announced that it had decided to ask prosecutors to file charges against Yoon for leading an insurrection and abusing his authority. Under the CIO’s legal framework, cases requiring prosecution must be referred to the prosecutor’s office.

The Seoul Central District Court explained the reason for its decision in a statement on Friday.

“The CIO Law does not explicitly specify whether prosecutors in the Prosecutor’s Office have the authority to conduct complementary investigations or define the scope of that authority,” according to the statement.

Another reason is based on the purpose of the CIO Act, which was created to make the CIO an independent organization responsible for investigating crimes committed by high-ranking officials.

The goal of the law is to ensure fairness in investigations by clearly separating the functions of investigation and prosecution. This principle, described in article 26 of the Law, applies equally to both the CIO and the prosecutor’s office.

“In cases where an CIO prosecutor investigates a crime involving high-ranking officials and submits an indictment request along with relevant documents and evidence to a prosecutor from the Prosecutor’s Office, it is difficult to consider that the receiving prosecutor has sufficient grounds.” to continue the investigation. investigation while determining whether to proceed with the accusation,” the statement added.

According to the Criminal Procedure Law, the period of detention is initially limited to 10 days, with a one-time extension of an additional 10 days permitted, subject to court approval.

The CIO, which asked the prosecution to file charges, initially determined that Yoon’s first detention period would expire on January 28. However, the prosecution, taking into account practical precedents, reportedly concluded that the detention period would end over the weekend and submitted a request. for an extension on Thursday.

If the extension is rejected again, prosecutors could opt to quickly charge the suspended president before the initial arrest warrant expires.

Yoon’s legal defense team welcomed the court’s decision on Friday and called for Yoon’s “immediate release” in a statement.

“The Seoul Central District Prosecutor’s Office has no reason to conduct a supplementary investigation following the CIO investigation,” the statement said. “The Seoul Central District Court has made the right decision by clearly upholding the intent of the law.”

(In association with Asia News Network)