South Korean president appears in two courts while defending martial law decree

Yoon denies ordering arrest of key politicians and accuses former first deputy director of South Korea’s spy agency of lying and fabricating evidence

South Korea's impeached president Yoon Suk Yeol attends the 10th hearing of his impeachment trial over his short-lived imposition of martial law at the constitutional court in Seoul on Thursday. Photograph: Song Kyung-Seok/AFP via Getty Images
South Korea's impeached president Yoon Suk Yeol attends the 10th hearing of his impeachment trial over his short-lived imposition of martial law at the constitutional court in Seoul on Thursday. Photograph: Song Kyung-Seok/AFP via Getty Images

South Korean president Yoon Suk Yeol appeared in two different courts on Thursday, contesting his arrest on rebellion charges in one and fighting an effort to remove him from office in the other.

Both cases – one on criminal charges, one an impeachment – are related to his brief imposition of martial law in December.

Security was heightened at the Seoul central district court as the motorcade transporting Mr Yoon arrived for a preliminary hearing that involved discussions of witnesses, proposed evidence and other preparations for his criminal trial.

The court, which scheduled another preliminary hearing in March, was also reviewing a request by Mr Yoon’s lawyers to revoke his arrest order and release him from custody. Such challenges are rarely successful.

READ MORE

The court did not specify when it would make a decision on the request but asked both Mr Yoon’s defence team and the prosecutors to submit further written submissions within 10 days.

Mr Yoon next travelled across the capital to the constitutional court, which is nearing a decision on whether to formally remove him from office after was impeached by the National Assembly.

During the hearing on Thursday, the court said it would hold final arguments on the case on February 25th, which possibly sets up a decision in March.

Mr Yoon temporarily left the courtroom when prime minister Han Duck-soo appeared as a witness.

Mr Yoon’s lawyer told the justices that his client believed it would damage the country’s image if both were seen in court together.

Supporters of South Korean president Yoon Suk Yeol attend a rally near the central district court in Seoul on Thursday, as the ousted leader became the country's first sitting head of state to stand trial in a criminal case as hearings opened on his bid to impose martial law. Photograph: Anthony Wallace/AFP via Getty Images
Supporters of South Korean president Yoon Suk Yeol attend a rally near the central district court in Seoul on Thursday, as the ousted leader became the country's first sitting head of state to stand trial in a criminal case as hearings opened on his bid to impose martial law. Photograph: Anthony Wallace/AFP via Getty Images

Mr Han supported Mr Yoon’s claim that the liberal opposition, with its legislative majority, had disrupted state affairs through pushing for impeachments of senior officials and undermining the government budget.

However, Mr Han repeated his previous statements to legislators and investigators that Mr Yoon had possibly violated constitutional requirements by failing to deliberate in a formal cabinet meeting before declaring martial law on December 3rd.

Mr Han said he did not know of any cabinet member who expressed support of Mr Yoon’s step.

Mr Yoon returned to the courtroom as the justices called another witness, Hong Jang-won, former first deputy director of South Korea’s spy agency.

During the hearing, Mr Hong maintained his earlier testimony that Mr Yoon ordered him to help a defence counter-intelligence unit detain key politicians, including National Assembly speaker Woo Won Shik and opposition leader Lee Jae-myung.

Visibly irritated, Mr Yoon denied ordering anyone’s arrest and accused Mr Hong of lying and fabricating evidence.

After the hearing, Mr Yoon’s motorcade took him back to a detention centre near Seoul.

Mr Yoon was indicted on January 26th on rebellion charges, which carry a potential punishment of death or life in prison.

In South Korea, presidents have immunity from most criminal prosecutions, but not on charges of rebellion or treason.

The indictment alleges his imposition of martial law was an illegal attempt to shut down the national assembly and arrest politicians and election authorities.

The conservative Mr Yoon has said his martial law declaration was intended as a temporary warning to the liberal opposition and that he had always planned to respect the will of legislators if they voted to lift the measure.

Mr Yoon’s presidential powers were suspended when he was impeached on December 14th, leaving him to fight for his political life at the constitutional court.

Martial law was lifted about six hours after Mr Yoon declared it but has caused political turmoil, disrupted high-level diplomacy and tested the resiliency of the country’s democracy.

Mr Yoon’s conservative supporters rioted at the Seoul western district court after it authorised his arrest last month, while his lawyers and ruling party have openly questioned the credibility of courts and law enforcement institutions handling the case.

Mr Yoon has continued to express contempt for his liberal rivals for obstructing his agenda and endorsed baseless conspiracy theories about election fraud to justify his ill-fated authoritarian push.

Mr Yoon’s defence minister, police chief and several military commanders have also been arrested and indicted on rebellion, abuse of power and other charges related to the martial law decree, which involved hundreds of heavily armed troops deployed to the national assembly and national election commission offices. − AP