The first trial in the impeachment trial of suspended South Korean President Yun Seok-Yeol lasted just a few minutes on Tuesday after Yun failed to appear before the Constitutional Court.
Judges have about five months to decide whether to strip Yun of the presidency or reinstate him because of the brief declaration of martial law on Dec. 3.
Mr. Yoon's seizure of power plunged South Korea into its worst political crisis in decades after he unsuccessfully ordered soldiers to storm the parliament in an attempt to prevent lawmakers from voting to reject the suspension of civilian government.
Congress voted to impeach him in mid-December, sparking weeks of uncertainty over the ultra-conservative Yun, who staged a riot inside the presidential palace and was investigated for sedition in a separate incident. His presidential security team resisted arrest.
Mr. Yoon's defense team said that Mr. Yoon would not appear at the first trial due to safety concerns, but that he would appear in court at a later date if the safety issues were resolved. “Concerns have been raised regarding safety and potential accidents. Therefore, the president will not be able to attend the trial on January 14,” lawyer Yoon Kapgun said. If he does not appear in court, the trial will continue in his absence.
Yoon's absence is not unprecedented: Roh Moo-hyun did not appear in his impeachment trial in 2004, and Park Geun-hye avoided an impeachment trial in 2016-2017.
Lawmakers also impeached Yoon's immediate successor, Han Do-soo, last month, but the current acting president, Choi Sang-mok, appears unwilling to enter into a conflict, instead encouraging all parties to come to a solution. encouraging negotiation.
The first trial of the trial, which will last until early February, began at 2 pm on Tuesday, but was quickly postponed due to Yun's absence.
The next public hearings are scheduled to be held on January 16th, 21st, 23rd and February 4th. According to media reports, the court is scheduled to hear “more substantive arguments” at its next session on Thursday, but it is not yet clear whether Yun will attend.
According to legal experts, the court will decide on two issues: whether Yun's declaration of martial law is constitutional, and if it is unconstitutional, whether it constitutes a riot.
“This impeachment case focuses only on the martial law situation, so the facts are not particularly complex,” lawyer Kim Nam-joo told Agence France-Presse.
The court has 180 days from Dec. 14, when it accepted the case on whether Yun violated the constitution and martial law, to issue a decision. His lawyers argued that the court should use the full 180 days to investigate, among other things, “the causes that led to the declaration of martial law.”
The nine-member tribunal complicates the legal process. There are currently eight judges, and at least six of them must support a parliamentary resolution calling for Yoon's removal from office. Acting President Choi Sang-mok called on the ruling and opposition parties to reach an early agreement on the appointment of the ninth person, Ma Eun-hyuk.
Separately from the trial, a joint investigation team between the police and the Corruption Investigation Office (CIO), which is investigating Yun on suspicion of sedition, is preparing a new attempt to arrest him.
Previous attempts failed after Yun's presidential guard blocked the investigators.
If the new warrant is successfully executed, Yoon will become the first sitting South Korean president to be arrested. If ultimately convicted in this case, Yun could face prison time or the death penalty.
The CIO said it would “thoroughly prepare” for Yoon's second arrest and warned that anyone who obstructed the investigation could be detained.
Yonhap News reported that the National Investigation Headquarters, a police agency, sent a letter to senior police officials in Seoul asking them to prepare to mobilize 1,000 investigators for the new effort.
Meanwhile, Mr. Yoon's security guards fortified his compound in Seoul with barbed wire and bus barricades. His lawyers also tried to pressure police not to get involved in the arrest attempt.
Yun's lawyer issued a statement Tuesday saying officers would “violate multiple laws” if they proceeded to execute the “unlawful warrant” to detain Yun. “We strongly urge the police, who are not obligated to follow investigative instructions from the CIO, to avoid becoming mere enforcers of illegal activities.”
On Sunday, the CIO sent a letter to the Ministry of Defense and the Presidential Security Agency saying anyone who prevents Yun's possible arrest could face criminal charges of obstruction and abuse of power.
with Agence France-Presse
