Yoon Requests Court Again for Constitutionality Review of Special Prosecutor Act on Insurrection

Yoon Claims Violation of the Right to a Fair Trial

On September 30, former President Yoon Sukyeol's legal team once again requested the court to refer the 'Special Prosecutor Act on Insurrection' to the Constitutional Court for a constitutionality review.

Former President Yoon Sukyeol is attending the trial on charges of obstructing the execution of official duties held on the 26th at the Seoul Central District Court in Seocho-dong, Seoul.

On this day, Yoon's legal team submitted an application for a constitutionality review to the 35th Criminal Division (Presiding Judge Baek Daehyun), which is hearing the case involving charges of obstruction of the execution of official duties and abuse of authority.

The constitutionality review referral system allows a court to request the Constitutional Court to review a law's constitutionality, either ex officio or at the request of a party, if the law's constitutionality is a prerequisite for the trial.

It has been reported that Yoon's legal team argued the Special Prosecutor Act on Insurrection violates the constitutional principles of due process, separation of powers, and clarity, and infringes upon the right to a fair trial.

If the court decides to refer the case for a constitutionality review, the Constitutional Court will accept the case and proceed with the review process. The relevant trial will be suspended until the Constitutional Court issues its decision regarding the law's constitutionality.

Previously, Yoon's legal team also applied for a constitutionality review to the 25th Criminal Division (Presiding Judge Ji Guyoun), which is handling the case regarding the alleged leader of the insurrection.

At that time, they claimed, "The current Special Prosecutor Act fundamentally undermines the principle of separation of powers by allowing the legislature to directly intervene in the executive branch's exclusive authority over investigations, appointing a special prosecutor without the participation of certain political parties, and designating the scope and targets of the investigation." They also filed a constitutional complaint, which is a direct request for a ruling from the Constitutional Court.