Yoon Loses Immunity... Investigations Gain Momentum Beyond 'Leader of Rebellion' Charges [Yoon Seok-yeol Dismissal]

Outlook for Yoon's Criminal Trial and Additional Investigations
First Hearing on 'Rebellion Charges' Scheduled for the 14th
Legal Experts: "Possibility of Reapplying for Arrest Warrant"

On the 4th, the Constitutional Court accepted the impeachment of President Yoon Seok-yeol and dismissed him from office, raising expectations that the pace of President Yoon's criminal trial and subsequent investigations will accelerate.

President Yoon Suk-yeol is delivering his final statement at the 11th impeachment trial hearing held at the Constitutional Court in Jongno-gu, Seoul on the 25th. 2025.2.25. Photo by Constitutional Court

President Yoon is currently indicted on charges of leading a rebellion and is on trial at the Seoul Central District Court. On the 24th of last month, during the second preparatory hearing for the rebellion charge case held by the 25th Criminal Division of the Seoul Central District Court (Chief Judge Ji Gui-yeon), President Yoon's side denied all the prosecution's allegations.

President Yoon's side argued, "The indictment is illegal as it is based on the investigation results of the Corruption Investigation Office for High-ranking Officials (CIO), which has no authority to investigate rebellion charges," and added, "Martial law is a legitimate exercise of the state's emergency powers, so the charge of rebellion cannot be established." They also claim that the evidence the prosecution intends to use in the trial was collected illegally.

The part that President Yoon particularly objects to is the evidence collected by the CIO. He holds the position that the CIO's investigation itself is illegal because it lacks the authority to investigate rebellion charges, which should be grounds for dismissal of the indictment. The prosecution rebutted, stating that there is no problem with the evidence. The court said, "We will consider both sides' arguments comprehensively and decide later whether to exclude the evidence."

The first trial is scheduled for the 14th. As the defendant, President Yoon must appear in court. Attendance is mandatory for the defendant at the main trial, not just the preparatory hearings. The court has selected Choi Sang-mok, Deputy Prime Minister and Minister of Economy and Finance, and Cho Tae-yeol, Minister of Foreign Affairs, as witnesses for the first trial.

Regarding the outlook for the criminal trial, in principle, the Constitutional Court's dismissal ruling does not directly affect the criminal trial, as criminal proceedings are entirely separate. Professor Lee Heon-hwan of Ajou University Law School said, "The impeachment process is a special disciplinary procedure, while the criminal court is a procedure for imposing punishment, so the two judgments are completely unrelated," adding, "The evidentiary value of the facts recognized by the Constitutional Court will be judged by the criminal court." However, realistically, since the Constitutional Court acknowledged President Yoon's serious constitutional violations, there is considerable speculation that it will inevitably have some influence on the criminal trial as well.

With the dismissal ruling, President Yoon simultaneously loses his criminal immunity. This means he can be investigated and indicted for charges other than rebellion. Investigations into cases that were previously blocked by immunity are likely to resume one after another.

Immediately, the prosecution can apply charges of abuse of power against President Yoon. Many of the allegations and evidence that formed the basis for the rebellion indictment can also apply to this charge. President Yoon has also been registered with the police since January on suspicion of obstructing the execution of his arrest warrant by mobilizing the Presidential Security Service. There is also a high possibility that the prosecution will speed up the investigation into the 'nomination interference suspicion' case involving President Yoon and his spouse related to Mr. Myung Tae-gyun.

If investigations into multiple charges proceed concurrently, there is a possibility of changes in President Yoon's custody status, who is currently released after his detention was canceled. If new charges emerge, investigative agencies may reapply for an arrest warrant citing reasons such as 'risk of evidence destruction.'

A former prosecutor turned lawyer who requested anonymity predicted, "It is unlikely that the prosecution will reapply for an arrest warrant related to the rebellion charge, which has already been canceled, but if new charges are discovered and investigations proceed, they can apply for separate arrest warrants."