On the 7th, President Yoon Suk-yeol's legal team said, "The prosecution must immediately direct the release of the president." This was a call for the prosecution to take prompt follow-up actions regarding the court's decision to cancel President Yoon's detention.
The 25th Criminal Division of the Seoul Central District Court (presided over by Director General Ji Gwi-yeon) made a decision to cancel the detention of President Yoon, who is charged with 'leader of rebellion.' According to the Criminal Procedure Act, if the prosecution disagrees with the court's decision to cancel the detention, it can file an immediate appeal within 7 days. The decision on whether President Yoon will be released depends on whether the prosecution files the immediate appeal.
President Yoon's legal team stated in a press release on the same day, "The Seoul Central District Court's decision to grant the cancellation of the detention confirms that the rule of law is alive in this country," and urged, "The prosecution must immediately direct the release of the president."
The legal team noted, "In a situation where the illegal investigation and wrongful arrest by the Corruption Investigation Office for High-ranking Officials (CIO) and the prosecution's indictment after the expiration of the detention period are mixed with various illegalities, the Seoul Central District Court declared what the law and principles are and upheld justice. Now, what remains is the prosecution."
Furthermore, the legal team emphasized, "Despite the cancellation of the president's detention, our Criminal Procedure Act stipulates that he can be detained for 7 days during the prosecution's period for immediate appeal," adding, "However, there was a ruling by the Constitutional Court stating that filing an immediate appeal against the court's decision on suspending the execution of detention is unconstitutional." They continued, "In the case of cancellation of the detention, the court's decision on the matter of detention is the same, so it should be considered unconstitutional based on the same logic."
The legal team also stated, "The prosecution must immediately direct the release of the president according to Article 460, Paragraph 1 of the Criminal Procedure Act." Article 460, Paragraph 1 of the Criminal Procedure Act stipulates, "The execution of the trial is directed by the prosecutor of the prosecution corresponding to the court that conducted the trial. However, there are exceptions if the nature of the trial requires the court or judge to direct it."