[Trial Recap] 8th Hearing in Sedition Trial of Yoon Suk-yeol (June 23, 2025) : Special Counsel Makes First Court Appearance



🗓️ Trial Overview

  • Date: June 23, 2025, 10:15 AM

  • Location: Criminal Division 25, Seoul Central District Court (Judge Ji Gu-yeon presiding)

  • Defendant: Former President Yoon Suk-yeol

  • Special Prosecutor Appearance: Cho Eun-seok’s team, represented in court by Deputy Counsel Park Eok-soo

  • Witnesses:

    • Maj. Gen. Lee Jae-sik (Joint Chiefs of Staff, Crisis Readiness Inspector, Chief of Martial Law Secretariat)

    • Col. Kwon Young-hwan (Former Head of Martial Law Division, JCS)

🔍 Key Issues and Proceedings

1. Special Counsel Assumes Prosecutorial Role
This hearing marked the debut of the newly formed Special Counsel team, formally taking over public prosecution duties from the original prosecutors. Deputy Counsel Park sat in the lead prosecutor’s seat and requested expedited proceedings, citing the impending expiration of detention for some defendants.

2. Defense Claims Unconstitutional Abuse of Power
Yoon’s legal team (Attorneys Wi Hyun-seok, Bae Bo-yoon) argued that the special counsel law is unprecedented and unconstitutional, citing the politically driven appointment process and its infringement on the defendant’s right to a fair trial. They announced their intent to file for a constitutional review.

3. Testimony by Gen. Lee Jae-sik
Lee stated he was naturally placed in the role of Secretariat Chief during the martial law planning. He testified that former Minister Kim Yong-hyun reprimanded the leadership for the disorganized setup and recounted how he blocked a request for taser and blank rounds, citing risks to civilians. He also emphasized that “preventive martial law” was fundamentally impermissible under military doctrine.

4. Testimony by Col. Kwon Young-hwan

In the afternoon, Col. Kwon Young-hwan, former head of the Martial Law Division at the Joint Chiefs of Staff, took the stand. Reinforcing earlier testimony, he declared that “under the requirements I understand for declaring martial law, this situation could never have justified such action.” He further stated that “no orders were ever given to review or validate the necessary legal procedures prior to the martial law declaration.”

Col. Kwon also supported the claim that even under martial law, the prohibition of political activity is not legally permissible. His statement closely aligned with Maj. Gen. Lee Jae-sik’s testimony, reflecting a shared view among senior military officials that the events of December 3 lacked procedural and legal legitimacy.

⚖️ Other Developments

Later the same day, the court was set to hold a detention review hearing for former Defense Minister Kim Yong-hyun. However, due to procedural issues with document delivery, the session was postponed to June 25.

🔁 Points of Contention

1. Constitutionality of the Special Counsel Act

  • Defense Argument: The law enables politically motivated prosecution by a team appointed entirely by the ruling party and its president. They claim the law violates legal clarity and fairness.

  • Special Counsel Response: The appointment and prosecution transfer followed Article 6 and 7 of the Special Counsel Law. The team pledged to reveal the full truth based on existing and newly gathered evidence.

2. Legality of Martial Law and ‘Preemptive’ Deployment

  • Gen. Lee testified that preemptive martial law was contrary to military guidelines and any troop deployment without clear legal grounds would be unlawful.

  • The defense challenged the credibility of this statement, with Yoon interjecting in court to suggest the witness’s claims were unreliable.

📌 Timeline Recap


DateEvent
2024.12.03Martial law declared, triggering sedition case
2024.12.14National Assembly passes impeachment motion
2024.12.18 / 25 / 29Yoon refuses three summonses by the Corruption Investigation Office
2024.12.31Arrest warrant issued
2025.01.15Yoon arrested after standoff
2025.01.26Indicted for sedition and abuse of power
2025.03.07Detention canceled (unlawful application of Crim. Proc. Act ruled)
2025.04.04Constitutional Court upholds impeachment – Yoon officially removed
2025.04.141st trial hearing – Yoon lectures prosecutors, 93 min speech
2025.04.212nd hearing – Witnesses deny military intervention orders
2025.05.123rd hearing – Testimony of “shoot to enter” and “repeat martial law” orders
2025.05.194th hearing – Witness confirms orders to breach National Assembly
2025.05.265th hearing – “axe the door” and “drag the lawmakers” testimony
2025.06.096th hearing – Direct orders from Yoon reasserted by witness
2025.06.167th hearing – “Send 1,000 troops” remark revealed; Yoon defends himself in court
2025.06.238th hearing – Special counsel’s courtroom debut

댓글

댓글 쓰기

이 블로그의 인기 게시물

Reevaluating the 10.26 Incident: The Retrial of Kim Jae-gyu and Its Impact on South Korean History

이미지
One of the Most Controversial Events in Modern South Korean History: The ‘10.26 Incident’ and the Recent Court Decision A South Korean court has decided to reopen the retrial of the late Kim Jae-gyu , the former director of the Korean Central Intelligence Agency (KCIA), bringing the 10.26 Incident back into legal and historical evaluation after 45 years. This retrial is not merely a reconsideration of a past event but a significant opportunity to reassess the fairness of the original trial and to determine whether Kim’s actions were truly an act of insurrectional murder or a resistance effort to restore democracy . 🔍 What is the 10.26 Incident ? The 10.26 Incident refers to the assassination of President Park Chung-hee and Presidential Security Chief Cha Ji-chul by KCIA Director Kim Jae-gyu on October 26, 1979 . This incident marked the end of the Yushin regime and brought about a significant shift in South Korea’s political landscape. Following the assassination, Kim Jae...
자세한 내용 보기

South Korea’s Civil Code Revision: Key Changes and Implications

이미지
South Korea’s Civil Code Revision: Key Changes and Implications The South Korean government has introduced a major revision to the Civil Code, marking a significant legal modernization.  This reform aims to enhance clarity, align with global standards, and improve legal accessibility for both citizens and foreign residents. By addressing legal ambiguities and incorporating judicial precedents into statutory law, this revision is expected to enhance predictability in legal disputes. Key Reforms in the Civil Code Revision One of the most notable changes is the improvement of the breach of obligation system.  Previously, the Civil Code only had provisions on non-performance and delay but lacked explicit rules on partial performance.  The revised law clarifies this by defining breach as “when performance has not been completed” rather than “when performance becomes impossible.” Additionally, the scope of remedies such as restitution and periodic compensation has been expanded...
자세한 내용 보기

Korean Constitutional Court to Rule on President Yoon's Impeachment April 4th

이미지
  In a historic and politically charged moment, the Constitutional Court of South Korea is set to deliver its final verdict on the impeachment of President Yoon Suk-yeol. The court announced that the decision will be made public on Friday, April 4, 2025, at 11:00 AM , at the Grand Courtroom in Jongno-gu, Seoul. The announcement follows 111 days after the National Assembly passed the impeachment motion and 38 days after the final hearings concluded on March 25. The outcome of this ruling holds significant implications not just for the current administration but for the broader framework of constitutional law and democratic governance in South Korea. This pivotal moment comes amidst growing scrutiny from both political circles and the public, as the nation stands at the crossroads of legal accountability and executive authority. A Decision with Immediate Impact The court's verdict will determine whether President Yoon will continue to lead the country or be permanently removed f...
자세한 내용 보기