Piecing Together the Puzzle of Yoon's Impeachment, Martial Law Declaration, and Election Commission Raid

Constitutional Court Holds 7th and 8th Argument Sessions... Attention on Additional Dates
Eight Witnesses, Including Lee Sang-min, Shin Won-sik, Cho Tae-yong, and Cho Ji-ho, to Testify
Questioning to Cover Presidential Office Situation Before and After Martial Law, Cabinet Approval, and Police Orders to Control the National Assembly
Additional Witnesses May Be Accepted... One or Two More Sessions Possible for Final Statements
Limited Impact of Justice Nominee Ma Eun-hyuk's Authority Dispute and Constitutional Complaint Cases

The Constitutional Court has scheduled the impeachment trial arguments for President Yoon Seok-yeol until the 13th. While additional dates are likely to be set, if the Court does not schedule further arguments after deliberation among the justices, the procedures?including the examination of 15 witnesses over eight sessions?will conclude, leaving only President Yoon's final statement and the final verdict.

Former Minister of the Interior and Safety Sang-min Lee appeared on the 4th at the National Assembly's Special Committee on the Investigation of the Truth Behind the Insurrection Charges through the Declaration of Martial Law by the Yoon Seok-yeol Administration, explaining the reason for refusing to take the witness oath. Photo by Hyun-min Kim

The arguments held on the 11th and the upcoming 13th at the Constitutional Court's grand bench will focus on four key issues: the declaration of emergency martial law, the drafting and approval of Martial Law Proclamation No. 1, the disruption of National Assembly activities due to the deployment of martial law troops, and the search and seizure of the National Election Commission. The discussions are expected to concentrate on the constitutionality and legality of the emergency martial law declaration and the search and seizure of the National Election Commission. On the 11th, witnesses including former Minister of the Interior and Safety Lee Sang-min, National Security Office Director Shin Won-sik, former 3rd Deputy Director of the National Intelligence Service Baek Jong-wook, and Secretary-General of the National Election Commission Kim Yong-bin will testify. On the 13th, National Intelligence Service Director Cho Tae-yong, former Seoul Police Chief Kim Bong-sik, former National Police Agency Commissioner Cho Ji-ho, and 1st Security Group Commander of the Capital Defense Command Cho Sung-hyun will take the stand.

The Court plans to verify the legality of the emergency martial law declaration procedures with former Minister Lee and Director Shin. As a key investigation target, former Minister Lee is expected to face questions about the convening and resolution procedures of the Cabinet meeting on the day martial law was declared. Attention will focus on whether his testimony aligns with that of former Minister Kim Yong-hyun, who testified in coordination with President Yoon during the first argument session. Additionally, as the head of the relevant ministry, he is expected to testify about any instructions he received from President Yoon immediately after the declaration and how he relayed them to the police and fire departments.

Director Shin, who will testify upon requests from both the National Assembly and President Yoon's side, is likely to provide testimony regarding the situation at the Presidential Office before and after the emergency martial law declaration. During the questioning of former Deputy Director Baek and Secretary-General Kim, a dispute between the National Assembly and President Yoon's side is expected to unfold over the so-called "fraudulent election," which President Yoon claimed as the reason for declaring martial law. Through Director Cho's testimony, questions will focus on the testimony of former 1st Deputy Director of the National Intelligence Service Hong Jang-won, who stated that he heard about a list of arrests of politicians and other key figures and reported it to Director Cho Tae-yong.

The final piece regarding the obstruction of National Assembly activities is expected to be further clarified through the testimonies of former Police Chiefs Cho and Kim, who were police leaders at the time of the martial law declaration. The National Assembly and President Yoon's side are expected to continue their dispute over the deployment of police to block the National Assembly and prevent lawmakers' access. The last witness, 1st Security Group Commander Cho, who was selected by the court ex officio, is expected to testify about the instructions he received from former Capital Defense Command Commander Lee Jin-woo. Commander Cho, who led the martial law troops deployed to the National Assembly on-site, is known from prosecution investigations to have received orders to "enter the main building of the National Assembly and remove the lawmakers outside."

The Constitutional Court has not yet announced whether additional witnesses beyond the eight scheduled will be called. Depending on the decision to call more witnesses, additional argument dates may be set, followed sequentially by the final arguments and opportunities for closing statements. The legal community anticipates one or two additional dates will be scheduled. Previously, Constitutional Court spokesperson Chun Jae-hyun responded regarding additional argument dates, stating, "No separate information has been received yet," and about the conclusion of arguments, said, "It is currently unknown." Among the witnesses requested by both sides whose acceptance or rejection has not been decided are Prime Minister Han Duck-soo and Chief of Staff (acting commander) of the Defense Counterintelligence Command Lee Kyung-min.

Meanwhile, the authority dispute trial and constitutional complaint case involving Justice Ma Eun-hyuk are not expected to significantly affect the impeachment trial procedures and schedule. The Constitutional Court decided on the 3rd to resume arguments on Justice Ma's case, with the verdict likely to be delivered after the impeachment trial arguments conclude. According to the Criminal Procedure Act, if the case has undergone arguments and only the verdict remains, there is no need to hold a renewal procedure.

President Yoon Suk-yeol is speaking after listening to the testimony of former Army Special Warfare Command Commander Kwak Jong-geun, who appeared as a witness at the 6th hearing of President Yoon's impeachment trial held at the Constitutional Court in Jongno-gu, Seoul on February 6, 2025. Photo by the Constitutional Court