Sangcheol’s Legal Journal : YouLaw Insights

  🗓️ Trial Overview Date & Time : August 28, 2025 (Thursday), 10:15 AM Venue : Seoul Central District Court, Criminal Division 25 Presiding Judge : Chief Judge Ji Kwi-yeon Defendant : Former President Yoon Suk-yeol — absent for the sixth consecutive session . The court declared proceedings in absentia. Witnesses : Lt. Col. Park Jin-woo (Commander, 35th Special Mission Battalion, Capital Defense Command) Maj. Kim Ui-gyu (Regional Commander, 35th Special Mission Battalion) 🔍 Key Issues and Proceedings Defendant’s Absence The detention facility informed the court that forced attendance (“inch’i”) was “not feasible and considerably difficult.” The court proceeded under Article 277-2 of the Criminal Procedure Act , allowing trial in the defendant’s absence. Witness Examination Both witnesses served in the elite counter-terrorism unit dispatched to the National Assembly during the unlawful martial law of December 3. Examination focused ...

  🗓️ Hearing Overview Date : June 16, 2025  Location : Seoul Central District Court, Criminal Division 25 (Presiding Judge Ji Gui-yeon) Defendant : Yoon Suk-yeol, Former President of South Korea Key Witness : Kim Cheol-jin, Former Military Aide to Defense Minister 🔎 Key Developments 1. Shift in Yoon's Courtroom Demeanor Former President Yoon, who had largely remained silent in prior hearings, broke his silence during the 7th hearing. He directly addressed the bench, stating his intention to speak after future witness examinations. He criticized the prosecution’s resistance to changes in the witness plan, saying: “Is it because they lack confidence in their case?” Yoon also explained his conduct after the National Assembly passed a resolution to lift martial law, claiming that he: Respected the Assembly's intent despite procedural defects, Ordered his aides to review the National Assembly Act, Drafted a presidential statement for the martial la...

1. Trial Overview Date : June 9, 2025, 10:15 AM Court : Seoul Central District Court, Criminal Division 25 (Presiding Judge Ji Gui-yeon) Defendant : Yoon Seok-yeol (Former President of South Korea) Witness : Lee Sang-hyeon (Brigadier General, Former Commander of the 1st Airborne Brigade, ROK Army Special Warfare Command) 2. Key Proceedings A. Cross-examination of Witness Lee Sang-hyeon “Drag lawmakers out” – Order came from the President Lee reaffirmed that then-Special Forces Commander Gwak Jong-geun conveyed direct orders allegedly from President Yoon: “The President said to break the doors and drag lawmakers out.” Lee testified he relayed this command verbatim to his subordinate battalion commander, explicitly stating it was a “presidential order.” An audio recording of this instruction was played in court, further supporting Lee’s claim. Lee emphasized: “Had I only heard ‘higher command,’ I wouldn’t have described it as the President’s order.” B. De...

South Korea is currently navigating a significant political event: the impeachment trial of President Yoon Suk Yeol. The Constitutional Court is at the forefront, determining the outcome of this unprecedented situation. **Background** On December 3, 2024, President Yoon declared martial law, citing concerns over "anti-state activities" by opposition parties. This move was met with swift opposition, leading to the National Assembly's impeachment of Yoon on December 14, 2024. The impeachment was grounded on allegations of insurrection and abuse of power. **Constitutional Court Proceedings** The Constitutional Court commenced its review of the impeachment on December 27, 2024. The court has a 180-day window to reach a decision, which could result in either the reinstatement or permanent removal of President Yoon.  A two-thirds majority vote among the justices is required to unseat the president. As of February 6, 2025, the court has conducted six hearings. Notably, during th...