[AK Radio] President Yoon Seok-yeol's Constitutional Court Appearance, What Is the Decisive Move?

First Presidential Appearance at Constitutional Court Impeachment Trial in Constitutional History
Expected to Argue the Inevitability of Martial Law
Focus on How the Impeachment Trial and Investigations Will Be Affected

Inmate number 0010. President Yoon Seok-yeol, who is in a 3.6-pyeong single cell at Seoul Detention Center, will attend the third hearing of the Constitutional Court (Constitutional Court of Korea, CC) impeachment trial on the 21st. This is the first time in constitutional history that a sitting president has appeared in an impeachment trial. Former Presidents Roh Moo-hyun and Park Geun-hye never appeared during their impeachment trials.

Initially, President Yoon was expected to appear on the 23rd, the fourth hearing date when former Defense Minister Kim Yong-hyun would attend. However, the attendance was moved up, and it was decided that he would appear on the 21st. This is interpreted as an attempt to counter the Public Officials Corruption Investigation Office's (PCCIO) forced summons and to take a decisive move through direct explanation.

The Constitutional Court received President Yoon’s impeachment petition on December 14 last year. He did not attend the first hearing (January 14) due to concerns about 'safety' related to the PCCIO’s arrest warrant execution, nor the second hearing (January 16) because it was held immediately after his arrest by the PCCIO the day before. Currently, the Constitutional Court has scheduled eight hearing dates until February 13, with two hearings held weekly.

The deadline for the impeachment trial ruling is 180 days from the date of receipt, which is June 12 at the latest. However, given the current pace, it is widely expected that the ruling will be made in March. For reference, the impeachment rulings for former Presidents Park Geun-hye and Roh Moo-hyun were made after 91 days and 63 days, respectively.

On this day, President Yoon is expected to emphasize his argument that the declaration of martial law was inevitable due to the Democratic Party’s frequent impeachment motions, legislative overreach, and unilateral handling of the budget, which made normal government operations impossible. He is also predicted to mention the need to investigate allegations of election fraud.

Supporters of President Yoon Seok-yeol, who had gathered in front of the Seoul Western District Court last weekend, moved to the Constitutional Court to continue their rally. On the 20th, police forces are strengthening security around the Constitutional Court in Jongno-gu, Seoul. Photo by Kang Jin-hyung

He is also likely to raise procedural issues in the impeachment process. President Yoon’s side has argued that the parliamentary prosecution team’s exclusion of charges of rebellion from the impeachment grounds was a procedural defect. Based on this, they are likely to assert the need for a re-vote in the National Assembly.

With President Yoon stating his intention to attend all future Constitutional Court impeachment hearings, the PCCIO’s dilemma is expected to deepen. On the afternoon of the 20th, the PCCIO dispatched six personnel, including prosecutors and investigators, to Seoul Detention Center to attempt a forced summons of President Yoon but failed. President Yoon’s detention period lasts until the 28th. Even with a 10-day extension, investigations can continue until February 7 at the latest. Since the PCCIO and prosecution agreed to split the investigation period, the PCCIO will investigate until the 28th, after which the prosecution will conduct a 10-day investigation and prepare for indictment. President Yoon has maintained the stance of 'prioritizing the impeachment trial, with investigations secondary.'

President Yoon’s appearance at the Constitutional Court is interpreted as a shift from a defensive stance to an active defense strategy. According to the Constitutional Court Act, the attendance of the parties is the principle, and sufficient rights to rebut and to make statements during the trial procedure are guaranteed.

President Yoon is expected to make full use of the opportunity to testify in the Constitutional Court’s public courtroom while continuing to refuse PCCIO investigations. Attention is focused on how this early attendance gambit will affect the impeachment trial and the investigations by the PCCIO and prosecution.