Former President Yoon Suk-yeol filed two additional constitutional complaints challenging the constitutionality of certain provisions of the special counsel law on insurrection. While a separate constitutional complaint targeting the same provisions is already under review by the full bench of the Constitutional Court, Yoon's side sought the court's judgment again after the criminal trial panel rejected motions to refer the law for constitutional review.
According to legal sources on the 27th, Yoon's side filed two constitutional complaints on the 25th regarding parts of the special counsel law on insurrection. The move is seen as a response after the first trial court dismissed two motions, raised during proceedings on charges including leader of insurrection, to refer the law for constitutional review. Yoon's side filed two such motions in September and October last year, but on Feb. 19 the court declined to accept them, saying the issues were not prerequisites for the trial.
The targets of review in these constitutional complaints include the investigative scope under the special counsel law on insurrection, the special counsel appointment process, the special counsel's scope of duties and authority, the special counsel's authority over cases while maintaining prosecution, live broadcasting of insurrection trials, and rules on press briefings. In a separate case, the provisions on live broadcasting of insurrection trials and the system for sentence reduction for judicial cooperators, the so-called plea bargaining clause, were also put up for review.
The constitutionality of a law can be contested by moving, during an ongoing trial, for a referral for constitutional review; if the court rejects or dismisses the motion, the party may again contest it by filing a constitutional complaint. Separately from these filings, Yoon's side is also maintaining a constitutional complaint directly filed without going through the courts regarding the same special counsel law provisions, and that case has reportedly been referred to the full bench for a hearing on the merits.
Previously, after the Seoul Central District Court Criminal Division 35 (Presiding Judge Baek Dae-hyeon) handling the case involving obstruction of arrest declined to accept a motion to refer the special counsel law on insurrection for constitutional review, Yoon's side filed a separate constitutional complaint, but it was dismissed on the 24th. A designated panel of the Constitutional Court closed the case without a ruling on the merits, citing late filing beyond the deadline. Under the Constitutional Court Act, a constitutional complaint following other statutory remedies must be filed within 30 days from the date of notice of the final decision.