Is "Immediate Appeal After Release" Unconstitutional? Examining Supreme Court Precedents
🔍 Supreme Court Precedents: No Mention of Unconstitutionality in Immediate Appeals In May 2023, the South Korean Supreme Court’s Second Division reviewed a case concerning a re-appeal filed by prosecutors against the Daejeon District Court’s decision to grant a release request. The Supreme Court ruled, “Upon reviewing the reasons for the re-appeal, we find no violation of the Constitution, laws, orders, or regulations.” In other words, even though the prosecution had filed an immediate appeal after releasing the defendant, the Supreme Court did not raise any constitutional concerns regarding this practice. This case originated in November 2022 when the Daejeon District Court, on its own authority, ordered a release. The prosecution complied by releasing the defendant but simultaneously filed an immediate appeal. This precedent contradicts the current prosecution’s argument that “immediate appeal after release is unconstitutional.” ⚖️ Prosecution’s Argument vs. Supreme Court Pr...