The first-trial verdict in the case charging former President Yoon Suk-yeol with obstructing the execution of an arrest warrant and infringing on Cabinet members' rights to deliberate and decide on martial law, filed by the special counsel investigating the insurrection case, has been set for Jan. 16 next year. The date falls two days before the expiration of Yoon's detention on Jan. 18 next year and is the first ruling among the four indictments related to the Dec. 3 emergency martial law.
The Criminal Agreement Division 35 of the Seoul Central District Court (presiding judge Vice Chief Judge Baek Dae-hyun) said at the resumed hearing that day that, under the Special Counsel Act on insurrection, a first-trial ruling must be delivered within six months of the indictment, adding, "It seems we should hand down the verdict on Jan. 16 next year." As the special counsel investigating the insurrection case filed an additional indictment against former President Yoon on July 19, the bench indicated it must deliver the verdict before Jan. 19 next year.
The bench decided to summon as witnesses on the 19th former Minister of the Interior and Safety Lee Sang-min and former Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok for examination. It said former Minister of Foreign Affairs Cho Tae-yul could also be called as a witness. On the 26th, the court will hold a sentencing hearing to hear the special counsel's sentencing recommendation, the defense's closing argument, and the defendant's final statement.
The special counsel side said regarding the setting of the verdict date, "Thank you for setting the verdict date in keeping with the purpose of the Special Counsel Act," and added, "We will do our best to ensure the trial can conclude according to the court's schedule."
Former President Yoon's side asked to postpone the ruling until after the conclusion of the case on the charge of being the ringleader of insurrection, which is being heard by Criminal Agreement Division 25 (presiding judge Vice Chief Judge Jee Kui-youn), but the bench did not accept the request. Attorney Song Jin-ho of the defense team said, "The special counsel argues that 'martial law was illegal and that illegal order was given and a dutyless act was coerced,' but whether martial law was illegal is being contested in the insurrection case," adding, "I submit that the verdict should wait for that case."
The bench said, "This case examines whether the defendant's act of ordering the dissemination of related content to foreign media after the declaration of martial law was lawful," adding, "Whether the declaration of martial law itself constitutes insurrection, or was illegal, is not an issue in this case." It added, however, "If during review we determine that examination of other issues is necessary, there is a possibility of change."
In a direct statement, former President Yoon argued, "As a rule, whether the substantive and procedural requirements for a presidential declaration of martial law were met is not subject to judicial review, according to the prevailing theory." He continued, "If the insurrection case finds that 'it does not constitute insurrection,' the president's judgment must be respected, and the very claim of infringing on the Cabinet's deliberative authority collapses." After documentary evidence was presented, he challenged the credibility of unfavorable testimony, saying, "The testimony of former Special Warfare Commanding General Kwak Jong-geun has been shown to be a lie," and "The claim that 'the president said to drag out a lawmaker' (by former Capital Defense Commanding General Lee Jin-woo) surfaced in December last year but changed yesterday."
The special counsel investigating the insurrection case contends that before declaring emergency martial law, former President Yoon convened only some Cabinet members merely to create the appearance of a Cabinet meeting, thereby infringing on the martial law deliberation and voting rights of nine Cabinet members who could not attend. He is also charged with creating a false martial law proclamation after the lifting of emergency martial law and shredding and discarding documents that were presidential records and official documents; ordering the deletion of secure phone communication logs of former Defense Counterintelligence Command head Yeo In-hyung and others; and directing the Presidential Security Service in January this year to block the Corruption Investigation Office for High-ranking Officials from executing an arrest warrant.