Yoon to become South Korea's first sitting leader on criminal trial
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Impeached President Yoon Suk Yeol's court hearings are scheduled to commence on Thursday, making him the country's first sitting leader to face a criminal trial.
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A supporter of impeached South Korean President Yoon Suk Yeol attends a rally to oppose his impeachment near the Constitutional Court in Seoul, South Korea, on Thursday, February 20, 2025. (AP)
Impeached South Korean President Yoon Suk Yeol is set to become the first leader in the country's history to face a criminal trial, with court proceedings starting Thursday over his attempt to impose martial law.
The 64-year-old former prosecutor has been behind bars since his arrest in January on insurrection charges, which could lead to a life sentence or even the death penalty if convicted. His trial is set to begin at Seoul’s central district court.
Prosecutors have labeled Yoon the “ringleader of an insurrection,” while his legal team argues that the investigation was initially flawed. His lawyers insist that declaring martial law was within his authority as head of state and have challenged the validity of his indictment.
Meanwhile, South Korea’s constitutional court is deliberating on whether to officially remove Yoon from office following his impeachment by parliament in December. His 10th impeachment hearing is scheduled for 3 pm on Thursday, just hours after his criminal trial begins.
Among those called to testify at the constitutional court are Han Duck-soo, who was also impeached as acting president after Yoon’s removal, and former senior intelligence official Hong Jang-won. Additionally, Cho Ji-ho, the national police agency chief, who is also facing insurrection charges over the martial law decree, has been summoned as a witness.
It remains unclear whether this will be the final impeachment hearing before the constitutional court’s eight judges deliberate behind closed doors—a process that could take up to two weeks or longer. Previous impeached presidents, Park Geun-hye and Roh Moo-hyun, waited 11 and 14 days, respectively, for a final verdict.
The case
On December 14, the court will assess parliament's impeachment of Yoon and determine whether to permanently remove him from office or restore him. If he is dismissed, a new presidential election will be held within 60 days.
Yoon has contended that as president, he had the authority to issue his martial law declaration, which lasted around six hours before being withdrawn due to legislative opposition.
He cited political stagnation and threats from "anti-state forces" sympathetic to the DPRK as further justifications for the decision.
Yoon also dispatched the military to the National Election Commission, subsequently claiming that the decree was required in part because the NEC had refused to address concerns about election hacking, a charge denied by election authorities.
His case in the Constitutional Court has also included claims that he never intended to prevent parliament from functioning, even though the order was publicly issued and military and police were sent to the assembly.
Yoon’s legal team maintains that imposing martial law was a “governance decision” and therefore should not be subject to judicial review.
Read more: South Korean President complies to arrest, says avoiding 'bloodshed'
