Seoul: Impeached President Yoon Suk Yeol attended a hearing at a Seoul court on Saturday to contest his potential formal arrest concerning his brief martial law declaration last month, as confirmed by his legal team. The hearing, held at the Seoul Western District Court, commenced at 2 p.m. and included a short break at 5:20 p.m. before proceedings resumed.
According to Yonhap News Agency, Seok Dong-hyeon, one of Yoon’s lawyers, stated that prosecutors from the Corruption Investigation Office for High-ranking Officials (CIO) presented their case advocating for his arrest, while the defense responded with PowerPoint presentations to counter the arguments. Yoon, clad in a suit, personally addressed the court for 40 minutes during the hearing.
Yoon, who was apprehended on Wednesday at his residence on charges of orchestrating an insurrection and abuse of power, stands as the first sitting South Korean president to be detained. He was transported to the court from a detention center in Uiwang, approximately 20 kilometers south of Seoul, under tight security with a police and Presidential Security Service escort. Supporters, brandishing South Korean and U.S. flags, gathered outside the court in a show of solidarity as Yoon’s convoy bypassed media photo zones.
Yoon’s decision to attend the hearing was aimed at defending the legitimacy of his martial law imposition and attempting to restore his reputation, according to his lawyer Yun Gap-geun. Despite being detained, Yoon has refused to cooperate with questioning related to his martial law announcement, which was made on December 3, causing widespread political turmoil in South Korea. The martial law was quickly repealed by lawmakers after a few hours.
His defense team argues that the martial law was a governance measure, beyond the purview of judicial review, intended to address a national crisis triggered by opposition-led impeachments of Cabinet members, legislative deadlock, and unilateral budget cuts. Yoon’s presidential authority was suspended following an impeachment vote by the opposition-controlled assembly on December 14.
On Wednesday, Yoon’s lawyers sought intervention from the Seoul Central District Court to assess the legality of Yoon’s detention warrant issued by the Western District Court. However, the central court dismissed the challenge, maintaining his custody status.
Despite the setback, Yoon’s legal team plans to argue that the CIO lacks jurisdiction over insurrection charges and that the western court is not the appropriate venue for the martial law case. The judge at the Seoul Western District Court is anticipated to deliver a decision by late Saturday or early Sunday.
Should the court issue the arrest warrant, Yoon would mark a historic precedent as the first sitting president in South Korea’s constitutional history to face formal arrest. Such a warrant would extend his detention to 20 days, allowing investigators to proceed with an indictment. Conversely, if the warrant is denied, Yoon would be released, potentially reinforcing his claims that investigations into his martial law decree and impeachment are baseless.
Meanwhile, the Constitutional Court is deliberating on whether to uphold the parliament’s impeachment decision to remove Yoon from office or to reinstate him.