Sangcheol’s Legal Journal : YouLaw Insights

🗓️ Hearing Overview Date: August 11, 2025 Court: Seoul Central District Court, Criminal Division 25 (Presiding Judge Ji Gui-yeon) Defendant: Former President Yoon Suk-yeol (absent; 4th straight no-show) Witnesses: Col. Kim Young-kwon (Defense Counterintelligence, 550th Unit), Brig. Gen. Koo Sam-hoe (former Commander, 2nd Armored Brigade) 1. Key Issues and Proceedings A. Defendant’s absence → in-absentia trial Bench: Proceed under the Criminal Procedure Act without the defendant present; any disadvantage arising from in-absentia proceedings is borne by the defendant . Legal basis: Criminal Procedure Act, Art. 277-2 (Defendant’s Refusal to Appear & Trial): (1) If a detained defendant refuses to appear without just cause and escort by correctional officers is impossible or markedly impracticable , the court may proceed without the defendant present . (2) When proceeding under (1), the court must hear the views of the prosecutor and defense counsel wh...

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...