Former President Yoon Suk-yeol's side filed, then withdrew the same day, a motion to recuse the bench at the first trial in the so-called Pyongyang drone allegation case dealing with the crime of aiding the enemy.
The Criminal Agreement Division 36 of the Seoul Central District Court (presiding judge Lee Jeong-yeop, Director General judge) opened the first trial on the 12th in the case against former President Yoon and former Minister of National Defense Kim Yong-hyun and former Defense Counterintelligence Command chief Yeo In-hyung on charges of general aiding the enemy. The hearing was held behind closed doors, and Yoon's side and the former Minister's side were said to have filed motions to recuse the bench.
Yoon's defense team argued in connection with the recusal motion that "it is an extremely unusual and irrational measure, in light of the basic principles of criminal trials and trial practice, to proceed with the trial while detaining the defendant even though no evidentiary examination has taken place." The defense also took issue with the special counsel team submitting suspect interrogation records and statements whose admissibility had not been determined, and with the court using them as materials for the detention review, saying the court is proceeding with the trial with a preconceived view of the indictment.
However, Yoon's side withdrew the recusal motion at about 6 p.m. the same day. The defense explained that the withdrawal reflected the defense team's view and Yoon's wishes to coordinate the schedule as much as possible in consultation with the court.
All major defendants, including former President Yoon, were said to have appeared at the hearing. After confirming the defendants' identities and deciding on a jury trial, the court switched to a closed session. The bench said that numerous state secrets are expected to be disclosed during the proceedings and that making the hearings public could harm national security, adding it would, at each session until closing arguments, announce the procedures conducted previously and on the day and then decide whether to close the session.
The Pyongyang drone allegation centers on claims that in Oct. 2024, former President Yoon sent a drone to Pyongyang to heighten military tensions with North Korea and then sought to use it as grounds for emergency martial law. Yoon and others are accused of ordering around Oct. last year that the Drone Operations Command send a drone into Pyongyang. The special counsel team is said to view the general aiding the enemy charge as established on the grounds that the drone deployed at the time crashed near Pyongyang, leaking military secrets such as operations and capabilities.
Because the general aiding the enemy charge applies regardless of collusion with the enemy if one harms Korea's military interests or provides the enemy with military benefits, the key issues at trial are expected to include the circumstances and chain of command behind the drone deployment, and the specific content of any harm to or provision of military interests.