No Defense Team Formed Even After Over 20 Days of Martial Law
Passive Response to Joint Investigation Headquarters' Probe and Constitutional Court Impeachment Trial
Experts Say "Delay Strategy May Backfire"
President Yoon Suk-yeol is delivering a national address at his residence in Hannam-dong, Seoul, on the 14th, the day his impeachment motion was passed in the National Assembly. Photo by Yonhap News
President Yoon Suk-yeol's passive response to the impeachment trial and investigation into charges of insurrection has raised concerns that related procedures may be delayed. It is highly likely that he will not respond to the joint investigation headquarters (Joint Investigation HQ) scheduled for the 25th, nor to the first preliminary hearing at the Constitutional Court on the 27th. While this is interpreted as an attempt to buy time and rally his support base, experts predict it could backfire.
According to the presidential office and legal circles on the 24th, President Yoon is forming a legal team under the principle of "prioritizing the Constitutional Court impeachment trial over the emergency martial law investigation." Yoon’s lawyer, Seok Dong-hyun, told reporters the day before, "The president believes that the impeachment trial procedure should take precedence over the investigation," adding, "The main stage for public debate should ultimately be the open impeachment court."
President Yoon placing more weight on the impeachment trial is interpreted as judging that the Constitutional Court is more appropriate than police and prosecution investigations to dispute that "the declaration of martial law is a presidential authority." Kim Sang-gyeom, professor emeritus at Dongguk University, explained, "Although the impeachment trial adopts criminal trial procedures, its goal is not criminal punishment but to determine whether the president is qualified to perform his duties," adding, "It appears that President Yoon’s side will contest this at the Constitutional Court."
However, President Yoon is also passively responding to the Constitutional Court procedures, such as not even receiving impeachment trial documents. More than 20 days have passed since the declaration of emergency martial law, but the legal team has yet to be fully formed. The Constitutional Court has decided to proceed with the first preliminary hearing on the 27th, considering the documents delivered, but it is expected that President Yoon will not actively participate. Lawyer Seok also said, "It is too soon to say that the procedure will start within ten days."
There is analysis that President Yoon’s side is employing a delay strategy until April 18 next year, when the terms of Constitutional Court Justices Moon Hyung-bae and Lee Mi-seon, appointed by former President Moon Jae-in, expire. Professor Kim predicted, "If the formation of the legal team continues to be delayed in a situation where new justices are not appointed, there could be procedural disruptions."
However, considering past cases, there is also analysis that President Yoon’s delay strategy could backfire in the impeachment trial. Kim Seon-taek, professor at Korea University Law School, explained, "The legal team does not have to be fully assembled from the start; it can begin with one or two members," adding, "If the legal team continues not to be formed, the Constitutional Court can proceed with the procedures as usual, which could work against President Yoon." He further added, "Refusing to respond to the investigation could also be used by the Constitutional Court as evidence of 'lack of willingness to uphold the Constitution and laws.'"
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