Yoon's Team Challenges Special Counsel Again: "Case Transfer Is Legally Baseless and Invalid"

Special Counsel on Rebellion Case: "Incomprehensible"
Yoon's Side Claims "Special Counsel Act Is Unconstitutional" at Eighth Trial
Yoon Attends in Silence... Smiles at Supporters

On July 3, former President Yoon Sukyeol's legal team engaged in a heated exchange with the special counsel team led by Special Prosecutor Cho Eunseok during his rebellion trial. Yoon's side argued that the case transfer from the Special Investigation Headquarters for Martial Law to the special counsel was "invalid," while the special counsel team countered that such a claim was "incomprehensible."

Former President Yoon Sukyeol is attending the 9th trial session of the case involving charges of leading a rebellion and abuse of authority obstructing the exercise of rights at the Seoul Central District Court in Seocho-gu, Seoul on July 3, 2025. Photo by Joint Press Corps

The Criminal Agreement Division 25 of the Seoul Central District Court (Presiding Judge Ji Guyoun) held the ninth trial session for former President Yoon on charges of leading a rebellion and abuse of power obstructing the exercise of rights on this day.

Before the substantive proceedings began, Yoon's legal team stated, "The special counsel requested a handover of the case from the Special Investigation Headquarters, but the Special Investigation Headquarters transferred the case to the special counsel," emphasizing, "A handover and a transfer are clearly separate legal procedures." They further argued, "Since the case was transferred without a request for handover, the transfer itself is legally baseless and invalid."

In response, Special Prosecutor Park Eoksu said, "This argument is not acceptable in light of the law and common sense," and asserted, "A request for handover also includes a request for transfer."

The special counsel team added, "From a common-sense perspective, both handover and transfer mean that an ongoing case is being given to the special counsel," and explained, "Since the Special Investigation Headquarters received a handover request and then handed over the case, both handover and transfer were completed."

Previously, at the eighth trial session?where the special counsel team appeared in person for the first time to maintain the prosecution?Yoon's team had also raised the issue of the constitutionality of the Special Counsel Act. At that time, Yoon's team claimed, "There are multiple unconstitutional provisions in the Special Counsel Act for this case," arguing that it was unprecedented in history for a particular political group to recommend a special counsel, for a president from the same party to appoint the special counsel, and for investigative powers to be exercised repeatedly. They also announced their intention to raise these legal issues before the Constitutional Court.

Meanwhile, former President Yoon remained silent throughout the day. As he attended the afternoon session after lunch, he did not respond to reporters' questions such as, "Do you have any comments about former Senior Presidential Secretary for Civil Affairs Kim Juhyun and former Deputy Chief of the Presidential Security Service Kim Sunghoon being questioned by the special counsel?" and "Did you directly order the drone infiltration?" and proceeded into the courtroom without comment.

When asked, "Will you actively testify at the special counsel's investigation on the upcoming 5th?" Yoon continued to remain silent, only smiling at his supporters. After taking his seat in the defendant's chair, he kept his eyes closed throughout the session.

During this trial session, testimony was scheduled from Ko Younghwan, former Director of Martial Law at the Joint Chiefs of Staff, followed by Ko Donghee, former Director of Planning at the Defense Security Command.