Former President Yoon Suk-yeol asked the court to refer a constitutionality review, arguing that the legal basis for forming the rebellion-only panel handling his appeal on the charge of leading an insurrection is unconstitutional. If the panel accepts the request, the appeal will halt until the Constitutional Court issues a ruling.
According to legal sources on the 11th, Yoon's side filed for a constitutionality review referral on the 8th with the Seoul High Court Criminal Division 12-1 (High Court Judges Lee Seung-cheol, Cho Jin-gu, and Kim Min-a). Formed under the Special Act on Criminal Procedures for rebellion, treason, and mutiny, the panel is hearing the appeal in which the former president is charged with, among other counts, leading an insurrection.
Yoon's side argues that most provisions of the special act that served as the basis for establishing the rebellion-only panel violate the Constitution. Kim Yong-hyun, former Minister of the Ministry of National Defense who is being tried in the same case, also filed for a constitutionality review referral on the 21st of last month on the same grounds.
Kim's side asked the court to suspend the proceedings at the second preparatory hearing held on the 7th. The attorney said, "The president in this case, as well as the Ministers, have the right to a fair trial, but the panel was formed under an unconstitutional law and cannot conduct the trial itself."
A request for a constitutionality review referral is a procedure to obtain the Constitutional Court's judgment on whether a law to be applied in a pending case is unconstitutional. If the court accepts a party's request or refers it to the Constitutional Court ex officio, the trial is stayed until the court's decision is issued.
The panel has said it will reach a conclusion on the referral request before the first hearing. At the previous preparatory hearing, the panel noted, "We internally think it should be decided before the court hearing is formally held, or at least by the day of the hearing." The first appeal hearing for the former president is scheduled for 10 a.m. on the 14th.
Related cases are also under review at the Constitutional Court. Yoon's side filed a constitutional complaint seeking confirmation that the rebellion-only panel act is unconstitutional and another against key provisions of the special counsel act on insurrection, and the Constitutional Court referred them to the full bench. Since the Dec. 3 martial law, Yoon's side has filed six constitutional complaints. Of these, one was dismissed for being past the filing period, and the remaining five passed preliminary review and moved to a full merits review.
The former president was indicted in connection with the Dec. 3 martial law on charges including leading an insurrection and was sentenced to life imprisonment in the first trial. The appeal began organizing the issues with a preparatory hearing on the 27th of last month and plans to proceed with formal hearings starting on the 14th.