'Leader of Rebellion' Yoon Trial Begins in Earnest...Key Issues: 'Martial Law Illegality and Arrest Orders'

Seoul Central District Court Holds First Preparatory Hearing... Additional Session Set for Next Month on the 24th
State Council Procedures and "Choi Sang-mok Note" Expected to Be Addressed
Deployment of Troops to National Assembly and National Election Commission... Order to "Pull Them Out" Also a Key Issue

The criminal trial of President Yoon Seok-yeol, who has been indicted on charges of leading a rebellion, has begun. Intense disputes are expected over issues such as the unconstitutionality and illegality of the emergency martial law, which had been a point of contention at the Constitutional Court, as well as attempts to seize control of the National Assembly and the National Election Commission using the military and police, and whether arrest orders were issued against politicians and others.

The prosecution is expected to present various illegal acts identified before and after the declaration of emergency martial law on December 3 to prove the charge of "leading a rebellion," while President Yoon's side is likely to focus on asserting the legitimacy of the martial law declaration by explaining its background and completely denying attempts to seize control of the National Assembly and the National Election Commission, as well as the issuance of arrest orders.

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The Seoul Central District Court Criminal Division 25 (Presiding Judge Ji Gui-yeon) held the first preparatory hearing on the 20th, confirming the positions of both sides, and decided to hold an additional preparatory hearing on the 24th of next month. On that day, President Yoon's side stated, "We have not yet reviewed the records," and did not express their position on the charges and evidence records, whereas the prosecution revealed that the prepared written evidence amounts to 70,000 pages and requested at least two to three focused hearings considering the importance of the case, demonstrating their intention to prove the charges.

Key Issues: Unconstitutionality and Illegality of Emergency Martial Law, Defects in State Council Procedures... 'Choi Sang-mok Note' Also Expected to Be Addressed

On the 22nd, witnesses including Prime Minister Han Duck-soo appeared at the 1st hearing of the "Special Committee for the National Investigation on the Truth Behind the Alleged Insurrection through the Declaration of Martial Law by the Yoon Suk-yeol Administration" held at the National Assembly. Photo by Kim Hyun-min

Once the full trial begins, President Yoon's side is likely to reiterate that the declaration of emergency martial law falls within the president's authority and is not subject to judicial review, possibly requesting dismissal of the charges. However, the prosecution holds that the martial law was declared without meeting the constitutional requirements of "wartime, armed conflict, or a comparable national emergency." The prosecution has already secured testimonies related to President Yoon's prior conspiracy regarding the martial law and his understanding of the state affairs at the time through investigations of key personnel involved.

Whether there were defects in the State Council deliberation immediately before the declaration of martial law is also a major issue. Testimonies from State Council members who attended the meeting at the time conflict, necessitating further evidence.

Former Minister of National Defense Kim Yong-hyun, who appeared as a witness during the Constitutional Court trial, testified that "the deliberation was conducted sequentially," and former Minister of the Interior and Safety Lee Sang-min also answered "yes" to a judge's question asking if he considered the meeting at the time to be a State Council meeting. President Yoon, who appeared at the impeachment trial, also made remarks implying that there were no procedural violations in signing or preparing the minutes. On the other hand, Prime Minister Han Duck-soo, who attended the 10th impeachment trial hearing on the 20th, testified that "no State Council member supported the declaration of martial law. Everyone was worried and tried to dissuade it."

The so-called "Choi Sang-mok note" is also expected to be addressed in connection with the meeting just before the declaration of martial law. Choi Sang-mok, Acting Deputy Prime Minister and Minister of Strategy and Finance, stated that he received the note at the Presidential Office. In court, both sides are expected to dispute whether the note, as written, intended to exclude the functions of the National Assembly by establishing a new legislative body to replace the National Assembly.

Deployment of Troops to the National Assembly and National Election Commission... Orders to "Pull Them Out" Also a Point of Contention

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Whether troops were deployed to the National Assembly and the National Election Commission and whether there was an order to "pull out" lawmakers inside the National Assembly is another point of contention. President Yoon acknowledged the deployment of troops during the Constitutional Court trial but argued that the purpose was to maintain order and check the system. The prosecution, however, views that President Yoon mobilized troops with the intent to disable the constitutional powers of the National Assembly and the National Election Commission, thereby inciting a rebellion aimed at disrupting the state.

Regarding the order to "pull them out," a heated dispute is expected to continue with witnesses called, as during the Constitutional Court trial. Former Army Special Warfare Command Commander Kwak Jong-geun testified during prosecution investigations and impeachment hearings that he received an order from the president saying, "It seems the quorum for the vote has not yet been met. Pull out the people inside." President Yoon rebutted, saying he never used the word "people" and that he ordered to pull out "agents" inside the National Assembly.

Furthermore, whether there was an order to arrest key figures such as politicians is also expected to be addressed. President Yoon allegedly instructed former First Deputy Director of the National Intelligence Service Hong Jang-won by phone to "arrest them all. Assist the Defense Counterintelligence Command," and former Defense Counterintelligence Command Commander Yeo In-hyung reportedly read out a list of multiple arrest targets including Lee Jae-myung, leader of the Democratic Party of Korea, and Han Dong-hoon, former leader of the People Power Party.

President Yoon strongly denies the arrest order, stating that there was no such order and that the phone call with former Deputy Director Hong was merely for work encouragement. He counterattacked, claiming that former Deputy Director Hong and former Commander Kwak were involved in the "impeachment plot and rebellion frame."

Meanwhile, since President Yoon's side denies the suspect interrogation records and witness statements, it is likely that more witnesses will appear in court than at the Constitutional Court trial. However, considering that the maximum detention period for the defendant in the first trial is six months, it is expected that the first trial verdict will be announced around the end of July.

This content was produced with the assistance of AI translation services.