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Yoon Seok-yeol's 'Rebellion' Criminal Trial Begins... Dispute Over Purpose of Undermining National Order and Riot Charges

Access to Underground Parking Lot Granted at Security Office’s Request
Courtroom Filming Denied Due to Late Media Applications

The formal criminal trial procedure for former President Yoon Seok-yeol, who was indicted on charges of leading a rebellion related to the December 3 emergency martial law incident, began on the 14th. The Seoul Central District Court held the first trial for former President Yoon in Courtroom 417 under the Criminal Division 25 (Presiding Judge Ji Gwi-yeon). This came just ten days after former President Yoon was removed from office by the Constitutional Court's impeachment ruling. Courtroom 417, where the trial took place, has been the venue for important cases such as former President Park Geun-hye’s trial.

Yoon Seok-yeol's 'Rebellion' Criminal Trial Begins... Dispute Over Purpose of Undermining National Order and Riot Charges Yonhap News

Around 9:50 a.m., former President Yoon entered the courtroom wearing a navy suit and a wine-colored tie. Sitting next to attorney Yoon Gap-geun, a former high-ranking prosecutor, in the defendant’s seat, former President Yoon stared straight ahead with a calm, expressionless face, occasionally turning his head to look at the gallery. The trial began with Presiding Judge Ji Gwi-yeon’s preliminary questioning. When Judge Ji asked, "Is your occupation former president?" Yoon nodded in response.


Earlier, the Carnival vehicle carrying former President Yoon arrived at the Seoul Central District Court at around 9:46 a.m., about ten minutes before the trial started. After getting out of the car, Yoon took the elevator to Courtroom 417 where the trial was held. The court accepted the security office’s request to allow access to the underground parking lot, so Yoon was not visible outside the courtroom. Unlike the first trials of former Presidents Park Geun-hye and Lee Myung-bak, where some filming inside the courtroom was permitted, the current trial did not allow any filming by the court. The court stated, "Recently, two media companies applied for courtroom filming, but both applications were rejected due to late submission. Future applications will be reviewed through the necessary procedures to decide on approval."


When Presiding Judge Ji asked, "Do you want a jury trial?" attorney Yoon Gap-geun replied, "No, we do not." When Judge Ji asked, "Is the defendant’s date of birth December 18, 1960?" former President Yoon silently nodded. When asked, "What is your address?" he answered "Seocho-dong," referring to his private residence at Acro Vista.


Following the preliminary questioning, the prosecution explained the summary of the charges, and former President Yoon’s side presented their opinions.


The key issue in former President Yoon’s trial is whether the declaration of martial law constituted the crime of rebellion by having the purpose of "disturbing the constitutional order," and whether it qualifies as a "riot." The prosecution argues that former President Yoon declared an unconstitutional and illegal martial law, and especially that the deployment of military and police forces to block the National Assembly constitutes disturbing the constitutional order. On the other hand, Yoon’s defense claims, "There was no intent to disturb the constitutional order, it was not a riot, and no damage occurred."


Whether the evidence collected by the prosecution was obtained illegally is also expected to be a major issue. Yoon’s defense previously argued during the preparatory hearing that "the Corruption Investigation Office for High-ranking Officials (CIO) does not have jurisdiction to investigate rebellion charges, and the prosecution also lacks supplementary investigative authority, so the evidence was illegally obtained." The prosecution countered, "In addition to the records received from the CIO, there are records created through direct investigation by the prosecution," and insisted, "There is no problem with the evidence."

Yoon Seok-yeol's 'Rebellion' Criminal Trial Begins... Dispute Over Purpose of Undermining National Order and Riot Charges Yonhap News

On this day, witness examinations of Cho Seong-hyun, commander of the 1st Security Group, and Kim Hyung-gi, commander of the 1st Special Forces Battalion, were also conducted. Commander Cho testified that during the Constitutional Court impeachment trial of former President Yoon, he received orders from former Defense Commanding General Lee Jin-woo to "enter inside (the National Assembly) and pull out the lawmakers." Commander Kim also stated that he received the same order from Special Forces 1st Airborne Brigade Commander Lee Sang-hyun.


Originally, witness examinations of Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok and Foreign Minister Cho Tae-yeol were scheduled for this trial but were postponed.


© The Asia Business Daily(www.asiae.co.kr). All rights reserved.

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