Special Prosecutor and Yoon's Side Clash Over Legitimacy of Absence at Yoon's Insurrection Trial

Yoon Submits Statement of Non-Attendance Citing Health Reasons
Court Proceeds with Scheduled Witness Examination

Former President Yoon Suk-yeol did not appear at his first trial on charges of leading an insurrection after being rearrested. However, the court proceeded with the scheduled witness examination as planned. Yoon's legal team and the special prosecutor's office engaged in a tense standoff over his attendance at the trial.

Yonhap News Agency

On July 10, Yoon's legal team submitted a statement of non-attendance to the Criminal Division 25 of the Seoul Central District Court (presiding judge Ji Guyon), which is hearing the case on charges of leading an insurrection and abuse of power, and did not appear in court.

After the trial began that morning, the court stated, "The defendant has submitted a statement of non-attendance due to health reasons."

Yoon's legal team argued, "It has been less than eight hours since he was taken into custody. Even if the court notified us by fax or phone to appear in court the next morning, we question whether this constitutes a lawful summons."

In response, the special prosecutor's office stated, "The defendant failed to appear without just cause," and requested, "We ask the court to urge the defendant's side to prevent a recurrence of such incidents. If the defendant continues to be absent in the future, we request that the court actively consider measures such as issuing a bench warrant."

However, it was confirmed that Yoon's legal team had not seen the statement of non-attendance submitted by Yoon. When the court explained the reason for his absence, the defense attorney requested, "May I take a look at the document?" Presiding Judge Ji asked in return, "You have not seen it?"

Due to Yoon's absence, the court decided to proceed with the witness examination as an out-of-session evidence-gathering procedure.

In principle, the defendant must appear at the main trial date. However, in cases like this where the defendant is absent, the court does not designate it as a main trial date and instead conducts the witness examination as an out-of-session procedure. Therefore, the witness examination proceeds and the testimony is recorded in the witness examination transcript. At the next main trial date, when the defendant is present, Yoon will be given the opportunity to review the testimony.

At the trial that day, Ko Donghee, former Director of Planning at the Defense Intelligence Command (Colonel), and Jeong Seongwoo, former Director of Counterintelligence Division 1 at the Defense Counterintelligence Command (Brigadier General), appeared as witnesses.

Earlier, at around 2:07 a.m. that day, Nam Sejin, the judge in charge of warrants at the Seoul Central District Court, issued an arrest warrant for Yoon, citing concerns about the destruction of evidence. After the pretrial detention hearing (warrant review) ended on July 9, Yoon, who had been waiting at Seoul Detention Center in Uiwang, Gyeonggi Province, was immediately taken into custody.