The court accepted the request

The court accepted the request for the cancellation of the Yoon Suk Yeol's arrest.

He will not be released immediately. Given that prosecutors can file an appeal within seven days, most predict that his arrest will continue for now, but there is a possibility that his appeal may not be accepted immediately, and even if he files an appeal, the court may order him to cancel his arrest again.

Why is this important.
- Controversy is likely to continue over the investigation process.
- Although it is separate from the impeachment trial anyway, public opinion against the outcome of the trial could increase.
a basic fact.
- If you get an arrest warrant and make an arrest, you must request an arrest warrant within 48 hours.
- If an arrest warrant is issued, an indictment must be filed within 10 days from the date of arrest.

Key issue: 43 hours and 39 minutes or 33 hours and 7 minutes.
- The court judged that the prosecution filed a prosecution with the Yoon Suk Yeol's arrest period expired.
- The Yoon Suk Yeol was arrested at the residence at 10:33 a.m. on January 15.
- According to the Criminal Procedure Act, an indictment must be filed within 10 days from the date of arrest. Based on this time, the expiration of the arrest period was 24:00 on the 24th.
- The key is to extend the arrest period as long as the time spent on arresting and examining the validity of the warrant, but the judgments were mixed over this.
- First, the arrest suit began at 5 p.m. and ended at 7 p.m. on Jan. 16. The results came at 11:10 p.m.
- Second, the examination of the validity of the warrant started at 2 p.m. and ended at 6:50 p.m. The results were released at 2:50 a.m. on Wednesday.
- The investigation records were handed over to the court for 10 hours and 32 minutes, 33 hours and 7 minutes, respectively, during the investigation of the arrest suit and the investigation of the warrant. (The records of the investigation by the Senior Civil Servant Corruption Investigations Unit were handed over to the court at 2:03 p.m. on the 16th, and the records were returned at 0:35 p.m. on the 17th. The records of the Senior Civil Servant Corruption Investigations Unit were handed over at 5:46 p.m. on the 17th, and the arrest warrant was issued at 2:53 a.m. on the 19th.)
- Prosecutors argued that both should not be included in the arrest period, but the court considered that only 33 hours and 7 minutes should be included. The court judges that an arrest suit is not included in the arrest period.
- The prosecution arrested and prosecuted Yoon Suk Yeol at 6:52 p.m. on January 26. The court believes that the prosecution's indictment was 9 hours and 45 minutes late.

the defeat of the prosecution.
- The original plan was that if the Senior Civil Servant Corruption Investigations Unit finishes its investigation for 10 days and hands it over to the prosecution, the prosecution will conduct a follow-up investigation for 10 days and prosecute it. When the police and the prosecution took charge of it separately, it was customary to investigate 10+10, and of course, the court accepted the application for extension.
- However, in the Yoon Suk Yeol case, the court saw that it was not appropriate for the prosecution to re-investigate the case handed over by the Senior Civil Servant Corruption Investigations Unit. The court refused to apply for an extension of the arrest period, and the calculation was twisted.
- If 43 hours and 39 minutes are added to the prosecution's bill, the arrest deadline will be 7:39 p.m. on the 26th.

a court's judgment.
- The Criminal Procedure Act stipulates that the time required to examine the validity of a warrant is not included in the period of arrest, but there is no specific provision for an arrest suit. The court judged that if there is no regulation, it should be interpreted in favor of the suspect.
- The court said, "It is desirable to ensure clarity of the procedure and to resolve questions about the legality of the investigation process."

Analysis: to eliminate controversy.
- Some point out that the prosecution made a calculated mistake.
- Lee Jae-myung (Democratic Party leader) said, "The prosecution's wrong calculation does not eliminate the destruction of the Yoon Suk Yeol's constitution." It is a natural story. There was no judgment on the crime, just that the arrest requirement was not possible.
- The Senior Civil Servant Corruption Investigations Unit also requested, "The court did not confirm the illegality of the Senior Civil Servant Corruption Investigations Unit or accept the defendant's claim, so please pay attention to the report."
- The Ministry of Justice used the out-of-body speech method, "We are waiting for the prosecution to command the release."
- It is important to take a good look at the point where the court pointed out, "If the criminal trial proceedings are carried out with such controversy as it is, it could be a reason for a retrial as well as a reason for the destruction." It is right to say that the cancellation of the arrest rather resolved the controversy.

Variables: subject to immediate appeal.
- Kwon Seong-dong (floor leader of People's Power) argues that "You cannot file an appeal on the stock market, but you can only file an ordinary appeal." Kwon argues that an immediate appeal suspends the enforcement power of court decisions, but ordinary appeals are not suspended. It is argued that an ordinary appeal will cancel the arrest and wait for the court's decision, but there are other arguments.
- There is a precedent that the Constitutional Court judged that an immediate appeal was unconstitutional for the suspension of the arrest, but the suspension of the arrest and the cancellation of the arrest are different matters.

Outlook: There is no difference.
- The prosecution's immediate appeal may not be accepted, and even if an appeal is filed, there is a possibility that he will be released.
- However, even if he is tried without detention, it will not affect the impeachment trial.
- The trial for rebellion is also a matter to be judged legally.
- The cancellation of the arrest is only a calculation mistake by the prosecution and has nothing to do with the Yoon Suk Yeol's judgment on the crime.
- However, confusion is inevitable. Immediately, the KOSPI plunged at the last minute. It seems that political instability in Korea continues overseas. The results of the impeachment trial will come out as early as next Friday. What is clear is that the reason for his arrest and dismissal is irrelevant.