Yoon: "Martial Law Is Like a Quasi-Military Government"... Court Plans to Conclude Trial in Early January

The court overseeing former President Yoon Sukyeol's sedition case announced that it will consolidate the cases and trials involving former National Police Agency Commissioner General Cho Jiho and former Minister of National Defense Kim Yonghyun by the end of this year, aiming to conclude the hearings by early January next year.

The Criminal Agreement Division 25 of the Seoul Central District Court (Presiding Judge Ji Guyoun) held a continued trial on November 10 for former President Yoon on charges of leading a rebellion and abuse of authority. The court stated, "Ultimately, we plan to merge the three cases and bring them to a close," adding, "We are considering merging them around December 29 to 30."

The court also announced that, due to the extended witness examination schedule, additional sessions will be held even during the court's winter recess. The court further explained, "We initially aimed to conclude by the end of December, but at the latest, we believe the case should be closed and a verdict delivered by early January," adding, "We are considering scheduling more sessions in early January."

Former President Yoon Sukyeol is attending the first trial session on charges including obstruction of special official duties and abuse of authority at the Seoul Central District Court in Seocho-gu, Seoul, on September 26. Photo by Yonhap News Agency Joint Photo Team

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On this day, former President Yoon directly refuted the testimony of Defense Counterintelligence Command (DCC) officers who appeared as witnesses and stated that there was a problem with the order to dispatch to the National Election Commission (NEC).

Yoo Jaewon, Colonel and Director of Cybersecurity at the DCC, testified that on December 3 of last year, he received an order from former Minister of National Defense Kim Yonghyun to "secure the NEC's computer room and, if there is resistance, to remove the hard disk."

Colonel Yoo Jaewon, who received the dispatch order on December 3 last year, appeared as a witness and testified that on the night of December 3, former Director-General Jeong Seongwoo (Brigadier General) relayed the order from former Minister Kim Yonghyun, stating, "Our mission is to secure the computer rooms of the NEC Secretariat and 'Yeoronjo-sa Kkot' (Public Opinion Survey Flower), and if that is not possible, to remove the hard disk."

In response, former President Yoon said, "Martial law is similar to a quasi-military government. When martial law is declared, the martial law authorities are granted by law the authority to directly oversee or supervise administrative and judicial work, except for the legislature," adding, "Entering a government office and seizing items for investigative purposes is a separate issue, but checking or verifying data or the status of the database on site is something martial law authorities are permitted to do. Are you aware of this?"

When Colonel Yoo replied, "Even so, it must be done legally and in accordance with proper procedures; simply ordering us to remove items is not appropriate...," former President Yoon countered, "It's not about removing them, but about going in to check."

Former President Yoon also argued to Colonel Lee Jonghun, Director of Military Security, "After the resolution to lift martial law, the mission was not carried out. In fact, nothing was executed."

In response, the special prosecutor's team asked, "Wasn't the reason DCC personnel did not go to the NEC because not deploying would constitute insubordination, so moving was a last resort?" Colonel Lee replied, "I thought the dispatch order to the NEC could be legally problematic, but since not carrying out the mission could result in punishment for insubordination, I believed that simply moving within the permissible scope was acceptable, so we only moved."

Colonel Lee reiterated, "I thought the dispatch order to the NEC could be legally problematic, but since not carrying out the mission could result in punishment for insubordination, I believed that simply moving within the permissible scope was acceptable, so we only moved."

Yang Seungcheol, Lieutenant Colonel and Commander of the DCC's Guard and Security Unit, testified that he received the dispatch order to the NEC under Proclamation No. 2, and although he judged it unjustified, he proceeded due to concerns about insubordination. When former President Yoon asked, "Wasn't it a situation where you conducted a legal review in a free atmosphere and decided to deploy anyway?" Lieutenant Colonel Yang replied, "It was not a free or comfortable atmosphere."

The court has decided to summon Hong Jangwon, former First Deputy Director of the National Intelligence Service, as a witness on the 13th.

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