[AK Radio] Impeachment Trial Nearing Conclusion... March Verdict Possible

7th Hearing Today, 8th on the 13th
Ruling Expected Within Two Weeks After Hearings End
Constitutional Court: "Prosecution Interrogation Records Can Be Accepted as Evidence"

President Yoon Suk-yeol's impeachment trial is reaching its final stages. The 7th and 8th hearings are scheduled for the 11th and 13th, respectively. So far, 19 witnesses have been accepted in President Yoon's impeachment trial, and there is a possibility that former Prime Minister Han Duck-soo and others may be added as additional witnesses, which could lead to one or two more hearings. Even so, based on the current progress, the verdict on the impeachment trial is expected to be delivered by the end of this month or, at the latest, within March. If the impeachment is upheld, a presidential election must be held within 60 days, and considering the practical preparation period, the presidential election is expected to take place on the 60th day from the verdict date. This is likely to be around mid-May.

Looking at past cases, former President Roh Moo-hyun's impeachment trial verdict was delivered 63 days after filing, and former President Park Geun-hye's verdict came after 91 days. The number of hearings was seven for former President Roh and seventeen for former President Park. If President Yoon proceeds through the 8th hearing, it will be at an intermediate level compared to the two former presidents. Regarding the period from the conclusion of hearings to the verdict, it took 11 days for former President Park and 14 days for former President Roh.

President Yoon Suk-yeol attended the 7th impeachment trial hearing held at the Constitutional Court in Jongno-gu, Seoul, on the 11th.

The 7th hearing currently underway includes witnesses such as 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 Central Election Commission Kim Yong-bin.

Regarding former Minister Lee Sang-min, questions are expected to focus on the legality of the State Council meeting during martial law and allegations of orders to cut electricity and water to newspapers such as Hankyoreh and Kyunghyang Shinmun. For Director Shin Won-sik, his specific role in the State Council meeting and whether there was prior collusion with President Yoon regarding martial law will be key issues. Former Deputy Director Baek Jong-wook and Secretary-General Kim Yong-bin, who graduated from Seoul National University Law School with President Yoon, are expected to face in-depth questions related to allegations of election fraud.

The 8th hearing scheduled for the 13th will feature witnesses such as National Intelligence Service Director Cho Tae-yong, National Police Agency Commissioner Cho Ji-ho, former Seoul Police Chief Kim Bong-sik, and 1st Security Group Commander of the Capital Defense Command Cho Sung-hyun.

The Constitutional Court is expected to deliver a ruling on President Yoon's impeachment trial within March.

The Constitutional Court is focusing on the legal and procedural legitimacy of the martial law declaration and whether there were any illegalities during its implementation in the impeachment trial. In particular, the key issues are whether the constitutional requirements for declaring martial law under 'wartime, armed conflict, or a comparable national emergency' are met and whether legal procedures were followed. The Court will judge based on constitutional violations rather than criminal guilt or innocence. The focus is on the gravity of constitutional violations rather than minor issues. If there is a conflict between prosecution statements and Constitutional Court testimonies, the court will comprehensively assess the credibility of the testimonies before accepting evidence.

An important development is that the Constitutional Court has stated that prosecution interrogation records can also be accepted as evidence. This is especially relevant as there have been many cases where prosecution statements and Constitutional Court testimonies from military leaders differ. The case of former Capital Defense Command Commander Lee Jin-woo is a representative example. In response, President Yoon's side criticized, saying, "The Court's stance that interrogation records can be given precedence over testimonies completely contradicts the principle of trial-centered proceedings," but the Court clearly stated that prosecution statements can be accepted as evidence.

This is because, under the revised Criminal Procedure Act, evidence can only be recognized if the suspect and defense counsel acknowledge the content.

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This impeachment trial is the third presidential impeachment case in the history of the Republic of Korea's constitutional governance, carrying significant constitutional historical meaning in itself. Unlike the previous two impeachment trials, this case focuses on the incumbent president's decision regarding martial law and its legality, making it an important precedent for the exercise and limits of presidential powers in the future.