Why did Park Geun-hye’s extended detention arouse heated discussion among South Korean political and judicial circles?

According to South Korean reports on October 15, former South Korean President Park Geun-hye (65 years old) will continue to remain in the Seoul Detention Center to face trial before the first-instance verdict due to the issuance of an additional arrest warrant. The detention period originally planned to end on the 16th of this month has been extended to April 16 next year. Previously, if he was found not guilty or had a suspended sentence, he would be released.

However, there is a lot of discussion among political and judicial circles about the new arrest warrant. Some people in the judicial field pointed out that "even if there is precedent, extending the first-instance detention period (6 months) stipulated in the Criminal Procedure Law cannot be taken for granted."

On May 25, 2017, local time, in Seoul, South Korea, former South Korean President Park Geun-hye was escorted to the Seoul Central District Court for the second public trial.

The report stated that the criminal facts of the new arrest warrant were not included in the first arrest warrant, but were added during the prosecution stage to accept bribes from Lotte and SK Group. The 22nd Criminal Division of the Seoul Central District Court (Director Kim Se-yoon), who is responsible for hearing the case of former President Park Geun-hye, explained the issuance of the arrest warrant, "The reason, necessity and appropriateness of extending the detention were recognized for fear of destroying evidence."

A court official said, "Since former President Park Geun-hye has denied all suspicions, the trial department believes that it is likely that she will destroy evidence when she is released."

The authority to issue arrest warrants for defendants under trial falls under the jurisdiction of the Korean Judicial Department. Before prosecution, an arrest warrant for a suspect must be applied for through the Procuratorate and signed by the court. However, if a trial is ongoing, the signature belongs to the Judicial Department.

Recently, people in the political and judicial circles have been discussing the new arrest warrant. The Criminal Procedure Law does not provide for additional arrest warrants for defendants whose detention period has expired. However, the prosecutor's office and the court believe that if there are more suspicions in the indictment at the time of prosecution than in the arrest warrant at the time of detention, additional arrest warrants can be issued. A relevant person from the Grand Procuratorate said, “Based on the provisions of the Criminal Procedure Law, the arrest warrant is not for the criminal suspect but is issued based on the facts of the crime.”

In 1995, former South Korean President Roh Tae-woo (85), who was detained for accepting bribes, signed an additional arrest warrant before the conclusion of the first-instance trial and was tried in detention. At that time, the Judicial Department exercised its authority and signed an arrest warrant on suspicion of rebellion and civil strife.

However, some people in the judicial circle pointed out that "even if there is precedent, extending the first-instance detention period (6 months) stipulated in the Criminal Procedure Law cannot be taken for granted." Lee Kyung-jae, Choi Soon-sil's defense lawyer, said, "Even if only part of the criminal facts are recorded in the arrest warrant, if he is prosecuted and tried at the same time, the effectiveness of the arrest warrant will involve all criminal facts." The defense lawyer for former President Park Geun-hye did not express a position that day.

More than 100 Park Geun-hye supporters who held a rally against the extension of detention in front of the Seoul Court Complex in Seocho-dong, Seoul, expressed strong protest after the news of signing the additional arrest warrant. Supporters have said, "Former President Park Geun-hye is not guilty. Democracy in the Republic of Korea has completely collapsed." Some supporters even threw placards at the police or insulted them, becoming emotional.

South Korea’s Liberty Korea Party criticized, saying, “The Ministry of Justice has sounded the death knell. This is a shameful day in the history of justice.” Kang Hyo-sang, spokesperson of the South Korea Party, commented, "The Ministry of Justice made a decision that violated legal principles and reduced trust." Kim Hyun, spokesman for the Democratic Party of Korea and the Democratic Party, said, "This decision once again proves that the law and principles are still there."