Courts say decision to reject arrest warrants final; prosecution fights back
Despite repeated rulings that a court’s decision to reject an arrest warrant is not subject to appeal, the prosecution has continuously fought this regulation. Some in the courts have criticized the prosecution’s consistent and rapid-fire appeals following the rejection of arrest warrants. According to the Seoul Central District Court, when on December 30 the court rejected warrants for six demonstrators participating in rallies opposing the South Korea-U.S. free trade agreement (FTA), the prosecutors’ office appealed to the Supreme Court the next day. But in another case from late November, an arrest warrant for Paul Yoo, former head of Lone Star Advisors Korea, was rejected, the prosecution also appealed to the Supreme Court the next day, and the court ruled that decisions on arrest warrants are final. This makes the December 31 appeal by the prosecution a direct challenge of the court’s decision. Some in legal circles are calling it undue process for the prosecution to issue an appeal over the same legal issue within the same month. Song Ho-chang of Lawyers for a Democratic Society said, "It is the court’s right to decide whether or not to issue arrest warrants. Therefore, the prosecution has exceeded its authority by filing appeals against the court’s rejection of the warrants."Please direct questions or comments to [englishhani@hani.co.kr]
