First Hearing Date for Presidential Impeachment Trial... Yoon's Side to Challenge Legality of Impeachment Process

Constitutional Court: "Will Sanction for Non-cooperation"

Second Date Set for January 3 at 2 PM

The impeachment trial to decide on the removal of President Yoon Suk-yeol began on the 27th. This comes 24 days after the 'December 3 Martial Law' incident and 13 days after the Constitutional Court received the impeachment resolution submitted by the National Assembly. President Yoon's side has announced a fierce legal battle, questioning the legality of the impeachment request process.

The Constitutional Court held the first preparatory hearing for President Yoon's impeachment trial at 2 PM at the small courtroom in Seoul's Jaedong, presided over by Justices Jung Hyung-sik and Lee Mi-sun. The preparatory hearing is a session to listen to both sides' arguments and organize issues and evidence lists before the main hearing.

Previously, since the 16th, the Constitutional Court sent a total of seven documents, including a notice of receipt, a request for a response, an impeachment resolution, and preparation orders, to President Yoon's side. However, as of that day, President Yoon's side had not received any of them, nor submitted the martial law proclamation and cabinet meeting minutes requested by the court.

However, President Yoon's side submitted a notice of attorney appointment around 9 AM that day. In court, only Bae Bo-yoon, a former constitutional researcher who served as a spokesperson for the Constitutional Court during the impeachment of former President Park Geun-hye, Yoon Gap-geun, a former chief prosecutor of Daegu High Prosecutors' Office, and Bae Jin-han, a classmate of President Yoon from Seoul National University's law school, attended as representatives for President Yoon. There is no obligation for the parties to attend the preparatory hearing.

President Yoon's side expressed their intention to first challenge the legality of the impeachment request. When the court asked if they intended to contest the legal requirements of the impeachment request, President Yoon's side replied, "Yes, we do," and added, "We will submit the specifics in a written response." This suggests they plan to legally contest whether the process of re-approving an impeachment resolution similar to the one discarded due to insufficient quorum was lawful.

While acknowledging the facts of the martial law declaration and proclamation, President Yoon's side stated that additional explanations are needed regarding the process of declaring martial law, the cabinet meeting minutes, the proclamation announcement, and the subsequent public address. They plan to organize and submit these in writing later. They also stated that there were no unconstitutional or illegal acts in the martial law declaration process, and even if there were, they were not serious enough to justify removal.

President Yoon's side also argued that the court's document delivery was not lawful. They stated, "The representatives were not in a situation where they could sufficiently prepare for the procedural progress," and added, "We would like to point out that issue further." Additionally, they mentioned, "Since both a criminal case and an impeachment case are ongoing, we do not have enough legal representation to handle both," and asked for understanding.

In response, the court stated, "The main goal of the impeachment trial is to maintain constitutional order," and added, "Because of these factors, we are proceeding with the impeachment trial swiftly." They further stated, "If we see that you can do it but don't, we will impose sanctions," and added, "While we are proceeding swiftly, we will fully reflect the respondent's requests in the proceedings."

The National Assembly requested the court to ask investigative agencies for documents such as arrest warrant requests and interrogation records of suspects. The court responded that "a fact-finding request can be made." Additionally, they applied for 15 individuals involved in the December 3 Martial Law incident, including former Defense Minister Kim Yong-hyun, as witnesses. The court plans to decide on witness adoption after discussions.

The next preparatory hearing is scheduled for 2 PM on the 3rd of next month. The court stated, "The respondent may think the date is tight, but considering the seriousness and impact of this trial on national operations and the public, we have set the date."

Reporter Min Kyung-jin min@hankyung.com