First Main Trial Scheduled for September 26
Special Prosecutor to Call 130 Witnesses
Yoon's Side Says "Uncertain Attendance Due to Poor Health"
The trial for former President Yoon Sukyeol, who was additionally indicted by Special Prosecutor Cho Eunseok's team investigating cases of insurrection and treason related to martial law, began on August 19.
President Yoon Sukyeol is attending the "7th Hearing on the Impeachment Trial of President Yoon Sukyeol" held at the Constitutional Court in Jongno-gu, Seoul on the 11th. 2025.2.11. Photo by Kang Jinhyung
The 35th Criminal Division of the Seoul Central District Court (Presiding Judge Baek Daehyun) held the first preparatory hearing at 11 a.m. for the case against former President Yoon, who faces charges including obstruction of special official duties, abuse of authority, obstruction of the exercise of rights, and the creation and use of false official documents.
Former President Yoon did not attend the hearing. The preparatory hearing is a procedure held before the formal trial to confirm the defendant's position regarding the charges and to plan the examination of evidence; the defendant is not required to attend.
On this day, the court pointed out to the special prosecutor's team that some of the statements of facts or underlying facts in the indictment were excessively lengthy. The court stated, "The indictment goes beyond citing legal provisions and even includes interpretations of the law," and added, "It is the court's role to apply and interpret the law, so including this in the indictment seems inappropriate." The court further commented, "In particular, mentioning which high school the defendant attended or when he took the bar exam appears unnecessary."
During the trial, former President Yoon's defense team argued that they were not yet prepared regarding the review of investigation records and the appointment of defense counsel, and therefore needed more time. In response, Special Prosecutor Park Eoksu said, "The defense has indicated that the trial will inevitably be delayed, but under the Special Prosecutor Act, the trial must proceed swiftly." According to the Martial Law Special Prosecutor Act, trials for cases indicted by the special prosecutor must be prioritized over other cases and conducted swiftly, with the verdict in the first trial to be delivered within six months of the indictment.
Former President Yoon's side reiterated, "The purpose is not to delay the trial, but more time is needed to review the records." Ultimately, the court decided to hold the first main trial session at 10 a.m. on September 26. The special prosecutor's team announced plans to call 130 witnesses and stated that records of witness examinations from the insurrection trial and other materials would be submitted as evidence in the future.
Regarding former President Yoon's attendance, the court stated, "As the trial proceeds, the defendant will be required to appear, but it seems the defendant has not attended hearings in other ongoing cases," and asked, "Is the defendant's health condition such that it is very difficult to appear in court?" Since being detained last month, former President Yoon has refused to attend both the insurrection trial and the special prosecutor's summons for questioning.
In response, former President Yoon's side answered, "Since the trial would proceed all day, it is difficult for him to sit for several hours in his current health condition," adding, "He will try to attend depending on the circumstances."
Previously, the special prosecutor's team indicted former President Yoon on July 19 on charges of violating the constitutional rights of nine cabinet members to deliberate and decide on martial law by convening only a partial cabinet meeting before the declaration of martial law on December 3 last year, thereby excluding them from participation.
He also faces charges of creating a false martial law proclamation after the lifting of martial law and destroying this document, which is both a presidential record and an official government document. Additional charges include ordering the deletion of secure phone communication records in preparation for the investigation and instructing the Presidential Security Service to prevent the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials.
A separate trial for former President Yoon, prosecuted by the Special Investigation Headquarters for Martial Law, on charges of being the ringleader of insurrection and abuse of authority, is currently underway in the 25th Criminal Division.
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