Opposition leaders expressed regret over the court's decision to cancel the detention of President Yoon Suk-yeol, who was charged with the 'leader of rebellion' allegation. They argued that President Yoon's criminal trial for rebellion and the Constitutional Court's impeachment trial are separate and urged for a prompt ruling from the Constitutional Court.
Kim Dong-yeon, the governor of Gyeonggi Province, stated on his Facebook on the 7th, "I express strong regret over the decision to cancel the detention of the leader of rebellion." He further criticized, "This is an extraordinary thing and an unimaginable occurrence," adding, "Isn't it overlooking the seriousness of the crime of rebellion while upholding procedural rigor?"
Another opposition figure, former Prime Minister Kim Boo-kyum, also commented on Facebook, "The cancellation of President Yoon's detention is an unexpected decision," saying it is "far removed from the common sense of the people." He emphasized, "This is clearly separate from the impeachment trial. I expect a prompt and wise decision from the Constitutional Court."
Former lawmaker Kim Du-kwan argued that the prosecution should appeal immediately. He said, "While it's a bewildering situation, it's not just a matter of anger; we should consider what legal reasoning the court had in making such a decision," adding, "Since he has been indicted and the trial is ongoing, it appears the cancellation of detention was intended to eliminate procedural defects."
He added, "Moreover, this decision by the court does not lead to immediate release. The prosecutor can appeal immediately within seven days according to Article 97(4) and Article 405 of the Criminal Procedure Act," stating, "I demand the prosecution to appeal immediately."
On this day, the court made a 'cancellation of detention' decision regarding President Yoon Suk-yeol, who was charged with the allegation of 'leader of rebellion.' Once the detention is canceled, the previously issued detention warrant loses its effectiveness. Such a cancellation decision is made when there were initially no grounds for detention, or those grounds disappeared after the detention.
The prosecution can appeal immediately against the court's cancellation decision regarding President Yoon. President Yoon will be notified of the cancellation at the court, and the prosecutor will send a release order to the Seoul Detention Center before his release. If the cancellation of detention is confirmed, President Yoon can attend both the Constitutional Court's impeachment trial and the court's criminal trial while not being detained.