"Martial Law Not Subject to Judicial Review," Defense Argues
Sentencing and Final Statements to Follow Documentary Evidence Review
On January 13, former President Yoon Seokyeol's legal team argued at the final trial hearing for the 'leader of the rebellion' charges that "cases related to the declaration of martial law during a president's term should be handled with caution." They contended that, just as the trial of President Lee Jaemyung's violation of the Public Official Election Act was suspended due to presidential immunity, former President Yoon should be afforded the same protection.
The 25th Criminal Division of the Seoul Central District Court, presided over by Chief Judge Ji Guyoun, began the final trial hearing at around 9:30 a.m. on charges against former President Yoon as the leader of the rebellion, as well as against former Minister Kim and former National Police Agency Commissioner Cho Jiho and five other military and police leaders for their involvement in major rebellion-related duties.
During the documentary evidence review, Yoon's defense team stated, "The court postponed President Lee's retrial on the violation of the Public Official Election Act based on Article 84 of the Constitution," adding, "Since the declaration of martial law was an act carried out during former President Yoon's term, the court should not make a hasty judgment in this case either."
They further argued, "If the court intends to rule on presidential authority, it should also resume President Lee's trial," and added, "As the highest official responsible for upholding the Constitution, it cannot be said that the president's declaration of martial law during a national emergency was intended to undermine the constitutional order."
As the documentary evidence review by Yoon's legal team continued into the afternoon, the court urged, "If possible, the review should be completed by 5 p.m." The day's proceedings were scheduled to continue with the special prosecutor's final opinion and sentencing recommendation, followed by the defense's closing argument and the final statements of the eight defendants, once Yoon's team's evidence review was completed. Considering the time allotted for former President Yoon's final statement, the trial was expected to conclude quite late in the evening.
On this day, former President Yoon appeared in court in person, wearing his hair short and dressed in a navy suit. During the afternoon session, he was seen dozing off with his eyes closed.
Meanwhile, in response to criticism that the defense was deliberately delaying the trial, Yoon's legal team claimed, "The delays were caused by the special prosecutor." The defense argued, "Neither the defendant nor the defense team has anything to gain from prolonging the trial," adding, "In fact, the special prosecutor submitted unnecessary additional evidence and conducted examinations of witnesses unrelated to the essence of the case."
They also criticized the Constitutional Court's impeachment decision against former President Yoon, stating, "A distorted and coerced unanimous decision by biased individuals should not be used as the basis for establishing facts in this court."
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