The legal team representing former President Yoon Suk-yeol, who is awaiting his first trial in connection with additional indictments related to the '12·3 Martial Law' insurrection and treason case currently under investigation by Special Prosecutor Cho Eun-seok's team, has requested a postponement of the trial date.
According to Yonhap News and legal sources on August 17, former President Yoon's legal team submitted a request to change the date of the preliminary hearing to the 35th Criminal Division of the Seoul Central District Court (Presiding Judge Baek Dae-hyun) on August 14.
Former President Yoon is facing his first preliminary hearing on August 19 on charges including obstruction of special official duties, abuse of authority, and the creation and use of false official documents. The preliminary hearing is a procedure held before the formal trial to confirm the defendant's position and set a plan for evidence examination; the defendant is not required to attend in person.
In the request, Yoon's legal team argued that they have not been able to review or copy case records from the special prosecutor and that the defense team has not yet been fully formed, making it impossible to adequately prepare for the defense. As of now, the court has not decided whether to change the schedule.
The special prosecutor's team indicted former President Yoon on July 19 while he was in custody. He is accused of convening only select members to a cabinet meeting when declaring martial law on December 3 last year, thereby infringing upon the constitutional rights of nine cabinet members who were absent from the meeting to deliberate and vote on martial law.
He is also charged with drafting a false martial law proclamation to make it appear as if martial law was lifted by a document signed by former Prime Minister Han Duck-soo and former Defense Minister Kim Yong-hyun during the process of lifting martial law, and subsequently shredding or destroying the document, which was classified as a presidential record and an official document.
Additionally, he is accused of ordering the deletion of secure phone communication records belonging to former Defense Security Command chief Yeo In-hyung and others, and of mobilizing the Presidential Security Service to block the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials in January of this year.
Meanwhile, a separate case in which the Martial Law Special Investigation Headquarters of the prosecution indicted former President Yoon on charges of being the ringleader of an insurrection and abuse of authority is being heard by the 25th Criminal Division (Presiding Judge Ji Gui-yeon). Since being re-detained on July 10, former President Yoon has failed to appear at that trial four consecutive times.
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