On Tuesday, South Korea’s Constitutional Court will begin the impeachment trial of suspended President Yoon Suk Yeol, considering whether to remove him from office due to a failed attempt to impose martial law.
South Korea’s biggest political crisis in decades was brought on by Yoon’s December 3 power grab, in which he ordered soldiers to attack parliament in an attempt to prevent MPs from rejecting his suspension of civilian government.
Soon after, he was impeached and suspended from office, but he has since retreated to the presidential mansion, utilizing his presidential security force to thwart arrest attempts and ignoring summonses from investigators looking into rebellion accusations.
Last month, lawmakers also impeached Yoon’s stand-in, further destabilizing the nation. The current acting president has suggested that all parties should engage in negotiations to find a solution rather than rushing into the conflict.
The trial’s first hearing — out of five lasting until February 4 — is slated to begin at 2:00 pm (0500 GMT). The next hearings take place on January 16, 21, 23 and February 4.
Legal experts say the court will decide two issues, whether Yoon’s martial law declaration was constitutional and, if found to be illegal, whether it amounted to insurrection.
“This impeachment case focuses solely on the martial law situation, so the facts are not particularly complex,” lawyer Kim Nam-ju told AFP.
“Since most of the individuals involved have already been indicted and the facts have been somewhat established, it doesn’t seem like it will take a long time.”
But the court has up to 180 days from December 14, when it received the case, to make its ruling on whether Yoon indeed violated the constitution and the martial law act.
Yoon’s legal team said he would not appear at the first hearing over purported safety concerns, saying he would be willing to appear at a later date if security issues were ironed out.
“Concerns about safety and potential incidents have arisen. Therefore, the President will not be able to attend the trial on January 14,” lawyer Yoon Kab-keun said in a statement sent to AFP on Sunday.
The trial will continue in his absence if he does not appear.
Former presidents Roh Moo-hyun and Park Geun-hye did not appear for their impeachment trials in 2004 and 2016-2017, respectively.
Yoon’s lawyers have argued the court must utilise the full 180 days — specifically to examine what “led to the declaration of martial law”.
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