Sangcheol’s Legal Journal : YouLaw Insights

  🗓️ Hearing Overview Date & Time: Monday, August 18, 2025, 10:15 (KST) Venue: Seoul Central District Court, Criminal Division 25 ( Presiding Judge Ji Gui-yeon ) Defendant: Former President Yoon Suk-yeol (absent for the 5th consecutive time; proceedings held in absentia) Witness: Sgt. Lee Min-su , Republic of Korea Army ( Capital Defense Command ) — driver/NCO assigned to then-Commander Lee Jin-woo (command vehicle operator) 1) Key Issues & Proceedings A. In-Absentia Proceeding The court proceeded without the defendant under Criminal Procedure Act Art. 277-2 , noting that any disadvantage from non-appearance is borne by the defendant. Defense stated Yoon will appear when his health allows . 2) Witness Examination A. Witness: Sgt. Lee Min-su Affiliation: ROKA Capital Defense Command (SUBANGSA) Role at the time: Driver and executive NCO for Commander Lee Jin-woo (operated the commander’s official vehicle) Vehicle/Task: Kia Carnival co...

Overview of the Hearing Date: February 25, 2025, 2:00 PM Location: Constitutional Court, Supreme Court Hall Participants: National Assembly representatives, President Yoon Suk-yeol's defense team, President Yoon Suk-yeol The 11th and final hearing of the impeachment trial for South Korean President Yoon Suk-yeol took place on February 25, 2025. President Yoon delivered his closing statement for 67 minutes, defending the necessity of martial law and addressing allegations of election fraud. The National Assembly representatives countered with strong accusations of constitutional violations and attempted subversion of the democratic republic. Key Arguments Presented A. President Yoon Suk-yeol's Closing Statement 1. Justification of Martial Law President Yoon argued that the "martial law declared on December 3 was fundamentally different from past examples," emphasizing it was a "plea to the public" rather than an oppressive military measure. He...

Analysis of the Constitutional Court's Second Hearing on the Power Dispute: Can the Speaker of the National Assembly File a Petition Independently? Case Overview On February 10, the Constitutional Court held the second hearing on the power dispute between the National Assembly and the Acting President. This case originated from the rejection of the nomination of Constitutional Court Justice candidate Ma Eun-hyuk. The National Assembly argued that the Acting President failed to fulfill the constitutional duty of appointing a justice, thereby infringing upon the National Assembly’s authority. However, the key issue in this hearing was not the Acting President’s rejection of the nomination but whether the Speaker of the National Assembly could file a power dispute petition without a resolution from the plenary session. Both sides engaged in intense legal debates, and the Constitutional Court justices posed in-depth questions regarding the matter. Can the Speaker of the...