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Chun Dae-yup, the minister of the national court administration, takes questions from the National Assembly Legislation and Judiciary Committee regarding the decision to revoke President Yoon Suk-yeol’s detention order on March 12, 2025. (Yonhap)

Chun Dae-yup, a Supreme Court justice who serves as head of Korea’s National Court Administration, said that a district court’s decision to cancel the detention of impeached President Yoon Suk-yeol needs to be reviewed by a higher court following an automatic appeal by the prosecution service.

The Supreme Prosecutors’ Office responded that it’s “reviewing” the situation following Chun’s remarks, which he made in an appearance before the National Assembly’s Legislation and Judiciary Committee.

“The district court itself said that the matter needs to be decided by a higher court, and we agree that a [higher court’s] decision is needed for such an unprecedented matter,” Chun said during an interpellation session at the Legislation and Judiciary Committee on Wednesday.

Judge Jee Kui-youn with the 25th criminal division of the Seoul Central District Court reached the unexpected decision on Friday to cancel Yoon’s detention, arguing that the detention period had been calculated incorrectly. The court relied on total hours in its calculation, dispensing with the date-based calculation that has been in use for decades. But the court acknowledged the need for “a final interpretation and decision by the Supreme Court.”

Noting that the prosecution service has seven days to make an automatic appeal under the Criminal Procedure Act, Chun said, “My understanding is that an appeal can be made as late as Friday [March 14]. The question of what should be done [with Yoon] can be handled under legal procedures in line with the [higher court’s] decision.”

In other words, Chun was saying that if the prosecutors make an automatic appeal within the time permitted, the Seoul High Court will decide whether Yoon should be taken back into custody.

Acting Justice Minister Kim Seok-woo, who attended the session on behalf of the prosecution service, said that while the decision to cancel Yoon’s detention was inappropriate, he intended to address that issue when Yoon’s case goes to trial.

“An automatic appeal would be clearly unconstitutional,” Kim said, echoing the prosecution service’s arguments.

Kim Seok-woo, the acting justice minister, speaks before the National Assembly Legislation and Judiciary Committee regarding the decision to revoke President Yoon Suk-yeol’s detention order on March 12, 2025. (Yonhap)

The Supreme Prosecutors’ Office has said it would review Chun’s remarks, which reportedly means discussing a range of options including filing an automatic appeal of the district court’s decision to cancel Yoon’s detention.

However, on Thursday, Shim made a final decision to forgo the immediate appeal process, maintaining his prior stance on the matter.
 
In a notice posted Thursday, the Supreme Prosecutors’ Office said there had been “no change” in its existing position, and noted the importance of a quasi-judicial decision made following ample deliberation, discussion and opinion-gathering within the prosecution service to be free from external influence. 

By Kim Nam-il, staff reporter; Bae Ji-hyun, staff reporter

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