Lawyers representing Yoon Suk Yeol informed a Seoul court that the impeached president declared martial law in late 2024 to avert the establishment of a “legislative dictatorship” dominated by his political adversaries. This assertion was made as Yoon became the first South Korean president to face trial in a criminal case related to his brief martial law declaration in early December.
Yoon, who attended the hearing at the Seoul Central District Court but did not speak, is accused of inciting insurrection through the martial law order. The charge of insurrection carries severe penalties, including a lengthy prison sentence and potentially the death penalty, although South Korea has not executed anyone since 1997.
Yoon’s attorney, Kim Hong-il, criticized the “illegal investigation” against the suspended president, claiming that the “investigating body lacks jurisdiction.” He stated that the martial law declaration was not meant to incapacitate the state but to “alert the public to the national crisis caused by the legislative dictatorship of the ruling opposition party, which had undermined the administration,” referring to the Democratic Party, which holds a majority in the National Assembly.
Yoon, a 64-year-old ultra-conservative who assumed the presidency in May 2022, has been incarcerated since his arrest last month following tense confrontations between authorities and his personal security team. The court building was heavily secured, with reports indicating that approximately 3,200 police officers were deployed.
Prosecutors have labeled Yoon as the “ringleader of an insurrection.” He has been suspended since parliament voted to impeach him in mid-December. His legal team has denounced the criminal investigation as illegitimate and questioned the legality of his indictment, asserting that declaring martial law was within his authority as head of state. They stated that it was “an act of governance and cannot be subject to judicial review.”
Later that day, Yoon also attended a concurrent impeachment trial in the Constitutional Court, which is now in its final stages. The court’s acting chief justice, Moon Hyung-bae, announced that the next hearing would take place on February 25, during which Yoon and the parliament, which is presenting the case against him, will deliver their final statements.
Yoon’s future is uncertain; if the Constitutional Court rules in favor of parliament, he will be permanently removed from office, and a new president will be elected within 60 days. Among the witnesses testifying in the Constitutional Court on Thursday was Prime Minister Han Duck-soo, who has also been impeached and is awaiting the court’s decision regarding his fate. “I am deeply burdened by the despair that each and every one of our people felt due to such extreme politics that took place before, during, and after emergency martial law,” Han remarked.
