The first trial of former President Yoon Suk-yeol on charges of leading an insurrection, with a verdict due on the 19th of next month, stirred controversy not only over fierce legal sparring but also over the defense team's unusual words and actions. Attorneys for former President Yoon and former Ministry of National Defense Minister Kim Yong-hyun staged rarely seen scenes in and out of the courtroom, such as delaying the proceedings or harshly denouncing the bench.
◇ "Speech is slow," "because the tongue is short"… "bed defense" acknowledged
At the sentencing hearing of the Criminal Division 25 of the Seoul Central District Court on the 9th, the former Minister's side conducted a lengthy documentary evidence review. When the bench asked to adjust the pace, attorney Kwon Woo-hyun said, "I have a short tongue, so if I speak fast, my tongue gets twisted." The hearing ultimately ran late into the night, and the scheduled sentencing argument was postponed to the 13th, four days later. Internet users criticized this as a "bed defense."
Attorney Wi Hyun-seok for former President Yoon said, "Because prosecutors went for seven and a half hours, defendants have the right to go for as long." The defense team subdivided arguments and evidence reviews to secure time, and when the court asked to reduce duplication, they pushed back, citing infringement of the right to defend.
At the sentencing on the 13th, former President Yoon's side also pressed on with lengthy closing arguments across 13 topics. Political thinkers such as Montesquieu and Tocqueville, and even Galileo, were invoked. Right before the sentencing, the team also moved to reinforce the defense by filing an engagement for attorney Do Tae-woo.
Attorney Lee Ha-sang for the former Minister appeared on YouTube and, regarding the delay, said, "We set the big direction and scope up front," "it was all coordinated," and "isn't it great." Lee also referred to the defense team as "fighters," and about the bench said, "Is (Jee Kui-youn) the judge on our side? Absolutely not," and "don't be fooled, fight to the end."
◇ "Are Yoon Suk-yeol and Kim Yong-hyun your friends?" Title dispute as well
The spat over titles continued. At the Dec. 30 hearing last year, attorney Lee Ha-sang protested when the special counsel's team referred to the defendants as "Yoon Suk-yeol, Kim Yong-hyun," saying, "What do you mean, Yoon Suk-yeol, Kim Yong-hyun? Are they your friends?" When the special counsel said, "We will add 'defendant,'" Lee demanded, "Apologize."
Attorney Bae Ui-cheol for former President Yoon also took issue with the designation "defendant Yoon Suk-yeol," protesting, "Please observe the courtesies."
At the hearing on the 5th, attorney Lee Ha-sang tried to cut off the special counsel's remarks, saying there was "a fundamental problem." The claim was that "the prosecutor in question is an investigative prosecutor, so there is no right to speak," and that "the special counsel should speak." When the bench noted, "How can people who cut others off talk about liberalism and democracy?" Lee replied, "Yes, that's correct. Understood."
As the hearing went late into the night, the former Minister's side also raised the issue, saying, "Aren't late-night trials prohibited?" They further demanded, "Please straighten out the defense table," disputing how the hearing was run. Observers say the back-and-forth over titles and procedure added scenes unrelated to the merits.
◇ Outside the courtroom, harsh remarks… detention for contempt and criminal complaints
The controversy continued outside the courtroom. On Nov. 19 last year, the former Minister's defense team demanded the presence of a "trust person" alongside the former Minister, who appeared as a witness in then former Prime Minister Han Duck-soo's trial. When the bench rejected the request and ordered them to leave, they shouted and protested, saying, "Leave the courtroom?" and "Your Honor, this is an abuse of authority."
The court ordered detention for contempt (a measure to detain those who disrupt courtroom order) on grounds of violating courtroom order.
Afterward, attorney Lee Ha-sang targeted presiding judge Lee Jin-gwan, who had issued the detention order, on YouTube, saying, "Jingwan…a good-for-nothing ××, yet put on quite a show of power," and "Lee Jin-gwan, that ×× is dead." In response, the National Court Administration filed criminal complaints against the two attorneys on charges including contempt of court and defamation.
At the first hearing in the general transfer case on the 12th, former President Yoon's side filed a motion to recuse the bench. During the process, they argued it was unusual to begin a hearing with the defendant in custody when only an indictment had been filed and no evidence had been reviewed. However, they withdrew the motion the same day, saying they would confer with the court.
In legal circles, some interpret this string of antics as political messaging rather than legal rebuttal. A criminal defense attorney in Seocho-dong said, "It is difficult to explain the defense team's words and actions in legal terms," adding, "It reads as an attempt to spread the political message of 'fighting the judiciary and investigative authorities' aimed at former President Yoon's support base and to rally that base."