The first trial of former President Yoon Suk-yeol on charges of being the ringleader of an insurrection, with a verdict due on the 19th of next month, stirred controversy not only for fierce legal sparring but also for the defense team's unusual conduct. Attorneys for former President Yoon and former Minister of the Ministry of National Defense Kim Yong-hyun staged unprecedented scenes in and out of court, such as delaying proceedings and openly lambasting the bench.
◇ In response to "speaks slowly," "tongue-tied"… "bed defense" acknowledged
At the sentencing hearing by the Criminal Agreement Division 25 of the Seoul Central District Court on the 9th, the defense for the former Minister Kim continued document evidence examination for an extended period. When the bench asked to adjust the pace, attorney Kwon Woo-hyun said, "I have a short tongue, so if I go 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 argued, "Since the prosecution went for seven and a half hours, defendants have the right to go that long as well." The defense team subdivided arguments and evidence examinations to secure time, and when the bench asked to reduce overlap, they pushed back, citing infringement of the right to defense.
At the sentencing arguments on the 13th, former President Yoon's side presented 13 topics and continued lengthy closing arguments. Political thinkers such as Montesquieu and Tocqueville, and even Galileo, were mentioned. Just before the arguments, they also reinforced the defense team, submitting a notice of appointment for attorney Do Tae-woo.
Attorney Lee Ha-sang for the former Minister Kim appeared on YouTube and, regarding delays, said, "We set the big direction and scope in front," "it was all coordinated," and "isn't it cool." He went on to call the defense team "fighters," and about the bench said, "Is Judge (Jee Kui-youn) on our side? Absolutely not," and "don't be fooled; fight to the end."
◇ "Are Yoon Suk-yeol and Kim Yong-hyun your friends?" dispute over forms of address
A dispute also continued over how to address parties. At the Dec. 30 hearing last year, attorney Lee Ha-sang protested when the special counsel 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, special prosecutor?" When the special counsel said, "We will add 'defendant,'" he demanded, "Apologize."
Attorney Bae Ui-chul for former President Yoon also objected to the label "defendant Yoon Suk-yeol," asking for courtesy to be observed.
At the hearing on the 5th, attorney Lee Ha-sang tried to halt the special counsel's remarks, saying there was "a fundamental problem" with them. The claim was that "the prosecutor in question is an investigating prosecutor, so has no right to speak," and "the special counsel should speak." When the bench pointed out, "How can those who block others from speaking talk about liberalism and democracy?" Lee replied, "Yes, that's correct. Understood."
As the hearing ran late into the night, the former Minister Kim's side also raised an issue, saying, "Aren't nighttime trials prohibited?" They further disputed courtroom management by requesting, "Please straighten up the defense table." Observers note that wrangling over forms of address and procedure added scenes unrelated to the merits.
◇ Outside court, harsh remarks… detention for contempt and criminal complaints
The controversy continued outside the courtroom. On Nov. 19 last year, the defense team for the former Minister Kim demanded that a "trusted associate" be present alongside the former Minister Kim, 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, "You're telling us to leave?" and "Your honor, this is an abuse of authority."
The bench ordered their detention for contempt of court for disrupting courtroom order.
Afterward, attorney Lee Ha-sang targeted Presiding Judge Lee Jin-kwan, who had issued the detention order, on YouTube, saying, "Jin-kwan is a total nobody ×× but was putting on enormous airs," and "This bastard Lee Jin-kwan ×× is dead." In response, the National Court Administration filed criminal complaints against the two attorneys for contempt of court and defamation.
At the first hearing of the general transfer case on the 12th, former President Yoon's side filed a motion to recuse the bench. In the process, they argued it was unusual to start a hearing with the defendant in pretrial detention when only the indictment had been filed and without any evidence examination. However, they withdrew the motion the same day, saying they would consult with the court.
In legal circles, some interpret this series of antics as political messaging rather than legal rebuttal. A criminal defense attorney in Seocho-dong said, "It is hard to explain the defense team's conduct in legal terms," adding, "It reads as an attempt to spread political messaging aimed at former President Yoon's support base—'fighting the judiciary and investigative authorities'—and to rally that base."