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Yoon mostly silent, sometimes sleepy in second criminal hearing on martial law

Published: 21 Apr. 2025, 21:35 Updated: 19 May. 2025, 18:06

Former President Yoon Suk Yeol attends his trial at the Seoul Central District Court in Seocho District, southern Seoul, on April 21. [JOINT PRESS CORPS]

At 9:57 a.m. on Monday, as former President Yoon Suk Yeol entered Courtroom No. 417 at the Seoul Central District Court, the sound of camera shutters and flashing lights shattered the silence. Five video cameras from broadcasters and three to four still cameras from newspapers and news agencies began capturing the moment.

With his appearance that morning, Yoon became the fifth former Korean president to be photographed and filmed while seated in the defendant’s seat.

Yoon appeared in the courtroom wearing the same dark navy suit and red tie he wore during his impeachment trial. He entered through the holding room for detained defendants, rather than the general hallway, in an arrangement made for security reasons.

Upon entering, Yoon exchanged brief greetings with his defense attorneys before taking his seat. When the judges entered, he stood and gave a slight bow.

“Media outlets submitted formal requests for in-court photography, and the necessary procedures were followed, including checking the defendant’s consent,” said Presiding Judge Ji Gui-yeon. “Taking into account the public’s right to know and past precedent, the court permitted photography prior to the start of proceedings.”

The filming continued for about four minutes until 10:01 a.m., when the judge ordered it to stop so the hearing could proceed.

Throughout the filming, Yoon remained silent and expressionless. He occasionally stared into the blank space or closed his eyes as camera flashes went off.

Former President Yoon Suk Yeol attends the second official hearing on charges of leading an insurrection at the Seoul Central District Court in Seocho District, southern Seoul, on April 21. [JOINT PRESS CORPS]

The silent treatment

Unlike the first trial on April 14, when Yoon spoke for 93 minutes to defend himself, the former president remained silent until the end of Monday’s session, which concluded at 5 p.m. The day’s hearing focused on the cross-examination of two witnesses: Brig. Gen. Cho Sung-hyun, commander of the Capital Defense Command's 1st Guard Regiment, and Lt. Col. Kim Hyung-ki, commander of the Special Warfare Command's 1st Special Forces Battalion.

Yoon appeared to doze off several times during the session, his head lowered toward the desk. He rubbed his eyes to stay awake and occasionally whispered to his attorney Yoon Gap-keun.

He finally broke his silence with a six-minute statement near the end of the hearing.

“Martial law is a value-neutral tool, like a sword,” he said. “Just as using a sword doesn’t automatically amount to murder, martial law only constitutes insurrection if it involves overthrowing the constitutional order, disabling judicial and constitutional institutions, and enabling dictatorship.”

“You’d have to prove it was a coup for long-term dictatorship,” said Yoon. “In the case of Dec. 12 and May 18, martial law was merely a means for the new military regime to seize power. Martial law itself is not synonymous with insurrection.”

Yoon referred to two martial laws in the past: Dec. 12, 1979, and May 18, 1980, both by former president Chun Doo Hwan and his allies, the first to seize power and the latter to suppress the Gwangju Democratization Movement.

“If the legal framework for insurrection is clearly established, there’s no need to call witnesses for matters unrelated to the essence of the case," Yoon said.

To this, the judge responded sternly: “It is misguided to doubt a trial that is being conducted by the justice under a clear and consistent agenda. And [we] must respect the prosecutors who have the right to prove guilt until there is no room for reasonable doubt.”

Judge Ji Gui-yeon, who presides over Seoul Central District Court’s Criminal Agreement Division 25, asks the press to leave ahead of former President Yoon Suk Yeol's hearing on April 21. [JOINT PRESS CORPS]

Orders to enter National Assembly

During the cross-examinations, Cho testified that Gen. Lee Jin-woo, commander of the Capital Defense Command, ordered him to “enter the National Assembly compound and control people with access to the National Assembly.” Cho said he understood “people with access” to mean lawmakers and no one else.

“At first, I responded with ‘Yes, understood’ and hung up. But I called back and said, ‘This is beyond our authority, and we need to consult the Special Warfare Commander,’” Cho said. He added that the mission was changed to “make way if lawmakers are pulled out by the Special Forces, which are already inside.”

Kim, who led the special forces troops into the Assembly, testified that he was told by Col. Lee Sang-hyun, commander of the 1st Airborne Brigade, that “Lt. Gen. Kwak Jong-geun said the president ordered lawmakers to be dragged out by any means necessary — even if doors and windows have to be torn down.”

Kim said he understood the order as coming from the president but chose not to carry it out.

“The troops were already agitated. If I had given that order, they would have obeyed. But I didn’t intend to carry it out, and so I did not give the order,” he said.

He continued, “I have served the country and its people — not specific individuals — during my 23 years in uniform since the time I was a private.” His statement echoed a phrase famously used by Yoon during his time as prosecutor general, when he said that he "does not remain loyal to anyone."

“Orders must be to protect the nation and its people. On Dec. 4, I could not carry out that mission,” Kim said. “I’d rather be punished for disobeying orders. That way, my subordinates won’t be guilty of insubordination or insurrection.”

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.

BY CHOI SEO-IN [[email protected]]