Constitutional Court holds first hearing in President Yoon’s impeachment trial

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Constitutional Court holds first hearing in President Yoon’s impeachment trial

Published: 27 Dec. 2024, 19:18

Audio report: written by reporters, read by AI

Justices Cheong Hyung-sik, left, and Lee Mi-son leads the preparatory hearing for President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Dec. 27. [NEWS1]

The Constitutional Court held its first preparatory hearing for President Yoon Suk Yeol's impeachment trial on Friday.

The hearing took place at the court in Jongno District, central Seoul, and was led by justices Lee Mi-son and Cheong Hyung-sik, with Cheong serving as the lead judge responsible for organizing the case.

Many citizens gathered in front of the Constitutional Court, holding placards expressing their support or opposition to the impeachment.

Jung Chung-rae, chair of the National Assembly Legislation and Judiciary Committee and an impeachment prosecution commissioner, attended the hearing at 1:45 p.m. During the initial arguments, the National Assembly called for the "swift removal" of President Yoon.

“The Dec. 3 Yoon Suk Yeol insurrection incident is not over yet,” said Jung. “As a prosecution commissioner, I will do my utmost for his swift removal.”

“The people's demand is for Yoon Suk Yeol’s immediate removal. We will ensure the forces of treason exit the stage of history,” Jung added. When asked if the trial would address insurrection charges, Jung replied, "Of course it will."

Jung Chung-rae, chair of the National Assembly Legislation and Judiciary Committee, left, and Kim Isu, a former Constitutional Court justice and co-lead counsel for the National Assembly attends the first preparatory hearing for President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Dec. 27. [NEWS1]

President Yoon’s legal team arrived at the Constitutional Court around 2 p.m., just before the scheduled start of the hearing. Among the four representatives were lawyers Bae Bo-yoon and Bae Jin-han, both former Constitutional Research Officers, and Yoon Gap-geun, a lawyer and former chief High Prosecutor.

President Yoon did not attend the hearing.

Cheong asked President Yoon’s representative, lawyer Bae, “Do you intend to challenge the legality of the impeachment request?” to which Bae responded affirmatively, stating, "We will submit specific details in our written response."

This suggests that the president’s legal team plans to question the legality of the National Assembly’s impeachment motion after the initial motion on Dec. 7 failed to meet the required quorum. The team also contended that the Constitutional Court’s delivery process of court notice documents was unlawful, with President Yoon refusing to accept notices since the impeachment.

“There is an issue with the legality of the court’s service process,” said lawyer Yoon Gap-geun, adding that he “wanted to point out his issue” separate from “whether this cures the defect.”

Regarding the Dec. 3 declaration of martial law, President Yoon’s team acknowledged basic facts, such as the martial law declaration and the issuance of proclamations. However, they indicated that they would provide clarification later concerning the process, the cabinet meeting minutes, and the specific content of the proclamations.

Lawyer Yoon Gap-geun answers questions from the press in front of the Constitutional Court in Jongno District, central Seoul, on Dec. 27. [NEWS1]

The legal team requested additional time for preparation, saying, “Compared to the prosecutors, we have fewer attorneys and need sufficient time to prepare.” They stressed, “This is not an attempt to delay, but a request to set the schedule considering our situation.”

Cheong responded, “The court will fully consider the respondent's requests while proceeding. However, you must cooperate. If there is unnecessary noncompliance, we will impose sanctions.”

The National Assembly’s team announced plans to add further allegations to the impeachment charges, including claims that martial law forces confiscated the mobile phones of National Election Commission (NEC) officials.

“The proceedings should adhere strictly to the impeachment resolution document,” said President Yoon’s team.

Lawyer Yoon Gap-geun answers questions from the press in front of the Constitutional Court in Jongno District, central Seoul, on Dec. 27. [NEWS1]

After approximately 40 minutes of arguments, the court organized the issues, coordinated evidence lists and set the schedule for future proceedings. The next hearing was scheduled for Jan. 3, given the gravity of the case.

Following the preparatory hearing, lawyer Yoon Gap-geun told reporters, “President Yoon will personally speak at the impeachment trial at an appropriate time.”

“Additional members will join soon, and we are close to finalizing the team,” Yoon Gap-geun said, regarding the last-minute formation of the legal team. “There was no particular reason for revealing the team abruptly; we are proceeding as planned to respond with confidence to the court procedure.”

“We ask that a complete panel be formed so that the Constitutional Court can conduct a proper trial,” said Kim Isu, a former Constitutional Court justice and colead counsel for the National Assembly, regarding the court's current six-justice composition. "It is generally expected that the president will attempt delaying tactics.”

“However, based on the Constitutional Court's conclusions in two previous impeachment trials, impeachment proceedings — regardless of position — must conclude swiftly.”

BY HAN YOUNG-HYE, KIM MIN-YOUNG [[email protected]]