'Marathon Defense' Yoon Seokyeol's Team Says, "President Lee's Trial Should Also Resume Before Sentencing"

"Martial Law Not Subject to Judicial Review," Defense Argues
Sentencing and Final Statements to Follow Documentary Evidence Review

On January 13, the legal team for former President Yoon Seok-yeol argued at the final trial for the charge of leading an insurrection that "cases related to emergency martial law conducted during a president's term must be handled with caution." They contended that, just as the trial for President Lee Jaemyung’s violation of the Public Official Election Act was suspended due to presidential immunity, the same principle should apply to former President Yoon.

The 25th Criminal Division of the Seoul Central District Court, presided over by Chief Judge Ji Guyoun, began the final trial at around 9:30 a.m. on the charges of leading an insurrection against former President Yoon, as well as charges of engaging in major insurrection-related duties against seven senior military and police officials, including former Minister Kim and former National Police Agency Commissioner Cho Jiho.

Former President Yoon Seok-yeol, who was indicted on charges of leading an insurrection related to the December 3 emergency martial law, attended the final trial on the charge of leading an insurrection held at Criminal Courtroom 417 of the Seoul Central District Court in Seocho-gu, Seoul, on the 13th, where he was seen conversing with his lawyers.

The trial on that day is scheduled to proceed in the order of examination of documentary evidence by Yoon’s defense team, final opinions and sentencing recommendations by the special prosecution, final arguments by the defense, and the final statements of the eight defendants. Provided by Seoul Central District Court. Yonhap News.

During the examination of documentary evidence, Yoon’s defense team stated, "The court postponed the retrial for President Lee’s violation of the Public Official Election Act in accordance with Article 84 of the Constitution," and argued, "Since the declaration of emergency 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 asserted, "If the court intends to make a judgment regarding presidential authority, then the trial for President Lee’s case should also be initiated," adding, "As the highest official responsible for upholding the Constitution, the president’s declaration of emergency martial law during a national crisis cannot be seen as an act with the intent to subvert the constitutional order."

As the examination of documentary evidence by Yoon’s defense team continued into the afternoon, the court advised, "If possible, the examination should be concluded by 5 p.m." The trial is scheduled to proceed in the following order: the special prosecution’s final opinion and sentencing recommendation, the defense’s closing arguments, and the final statements of the eight defendants, once Yoon’s defense team completes their examination. Considering the time allotted for former President Yoon’s final statement, the trial is expected to end quite late today.

Former President Yoon appeared in court in person, wearing a navy suit and sporting short hair. During the afternoon session, he was seen dozing off with his eyes closed.

Meanwhile, regarding accusations that the defense team was deliberately delaying the trial, they argued, "The delays were caused by the special prosecution." The defense stated, "Neither the defendants nor the defense team have anything to gain by delaying the conclusion of the arguments," and claimed, "On the contrary, the special prosecution presented unnecessary additional evidence and conducted examinations of witnesses unrelated to the essence of the case."

Regarding the Constitutional Court’s impeachment decision against former President Yoon, the defense also stated, "A distorted and coerced unanimous verdict by biased individuals should not be used as a basis for fact-finding in this court."