Yoon Suk-yeol Faces Pivotal Week: 'Insurrection Ringleader' Sentencing Tomorrow, 'Obstruction of Arrest' Verdict on the 16th

Pyongyang Drone Allegations Trial Begins on January 12
Preliminary Hearings Ahead for Perjury and Lee Jongseop's 'Australia Escape' Case
First Legal Judgment on Yoon Since Martial Law Scheduled for January 16
Could Serve as a Benchmark for Future

This week marks the beginning of a 'super week' in the courts that will determine the fate of former President Yoon Suk-yeol. On the 13th, the final hearing for the main charge of insurrection leadership-considered the core of the insurrection case-will be held, and on the 16th, the first-instance verdict for charges of obstructing the execution of an arrest warrant is scheduled. In addition, out of a total of eight criminal trials, five court dates have been set for this week. Starting with the court’s first ruling since the 12·3 Martial Law, major cases under the 'three special prosecutors' will proceed simultaneously.

The most critical turning point is the final hearing for the insurrection leadership charge on the 13th. On this day, the Seoul Central District Court’s Criminal Division 25 (Presiding Judge Ji Guyon) is expected to conclude arguments in the case against former President Yoon, former Minister of National Defense Kim Yonghyun, former Commissioner General of the National Police Agency Cho Jiho, and other military and police leaders charged with insurrection leadership and participation in key insurrection duties.

The closing arguments were originally scheduled to be completed in one session on the 9th. However, the defense’s documentary evidence review was prolonged to the extent of a 'courtroom filibuster.' The hearing was extended by nearly 15 hours, prompting the court to set an additional date.

At the final hearing on the 13th, following the defense’s documentary evidence review, the special prosecutor’s team on insurrection (led by Special Prosecutor Cho Eunsuk) will present its closing arguments and sentencing recommendations, followed by the defense’s final arguments and former President Yoon’s final statement. Attention is focused on whether the special prosecutor will seek the death penalty or life imprisonment.

On the same day, a preparatory hearing will also be held for former President Yoon’s perjury case. He is accused of giving false testimony regarding the Martial Law Cabinet meeting when appearing as a witness in the trial of former Prime Minister Han Ducksoo, who is charged with aiding and abetting insurrection leadership. Defendants are typically not required to attend preparatory hearings.

On the 14th, the first preparatory hearing is scheduled for the case against former Minister of National Defense Lee Jongseop, indicted by the Chae Sangbyung special prosecutor’s team (led by Special Prosecutor Lee Myunghyun) over allegations of fleeing to Australia. Former President Yoon is on trial for allegedly issuing improper orders during the process of appointing Lee, a key suspect in the investigation into the death of Private Chae, as ambassador to Australia and facilitating his departure from the country.

On the 16th, the first legal judgment against former President Yoon since the Martial Law will be delivered. The Seoul Central District Court’s Criminal Division 35 (Presiding Judge Baek Daehyun) will announce the first-instance verdict for charges including obstruction of special official duties and abuse of authority. In the previous final hearing, the special prosecutor’s team argued, “It is necessary to restore constitutional order and the rule of law, and to hold the highest authority strictly accountable to prevent a recurrence of power abuse crimes by those in power,” and requested a total prison sentence of 10 years. Former President Yoon’s defense argued, “The declaration of Martial Law was due to legislative dictatorship by the main opposition party,” and completely denied the charges.

The legal community believes that although the verdict on the 16th may not have direct binding force on the main insurrection case, it could serve as the first benchmark for how the court will address overlapping facts in subsequent trials. While the charges in the various cases involving former President Yoon differ, there are many overlapping points regarding the circumstances before and after the declaration of Martial Law, as well as the command and reporting lines. Ultimately, this week’s court schedule is expected to serve as a turning point in gauging the atmosphere of the series of trials surrounding former President Yoon.

Meanwhile, on the same day, the Seoul Central District Court’s Criminal Division 36 (Presiding Judge Lee Jungyeop) held the first trial for former President Yoon, former Minister Kim, and former Defense Counterintelligence Command chief Yeo Inhyeong on charges of general subversion and abuse of authority. Known as the 'Pyongyang Drone Allegation,' the insurrection special prosecutor’s team alleges that in October 2024, former President Yoon and others deployed drones to Pyongyang to heighten tensions with North Korea and used this as a pretext for Martial Law, leading to their indictment.