South Korea’s court pushes ahead with hearing despite Yoon’s repeated refusal
Sign up now: Get insights on Asia's fast-moving developments
President Yoon Suk Yeol prioritises defending himself in Constitutional Court over investigations, his confidant says.
PHOTO: BLOOMBERG
SEOUL – The Constitutional Court of Korea said on Dec 23 that it would hold a preparatory hearing on Dec 27 as planned, despite President Yoon Suk Yeol’s continued refusal to accept court orders
The court, which must deliver a final decision on his impeachment within 180 days, said the six justices had decided to consider Mr Yoon as having received the written requests on Dec 20.
“Based on the civil procedure Article 187 and criminal procedure Article 61, Clause 2, the written requests can be considered ‘received’ when those documents arrive at the recipient’s address, regardless of acceptance or rejection,” court press officer Lee Jin told the press in a briefing on Dec 23.
The court added that it sent three documents. The first was a notice of Mr Yoon’s trial registration, to which was attached a copy of an impeachment Bill and a statement for him to prove his case.
The next was a notice on the hearing dates, to which was attached a request to show up at the court at a designated date.
The last document was a court order for him to prepare his statement of opinion and hand in evidence such as Cabinet meeting minutes.
The deadline for him to submit such documents is Dec 24.
Whether he physically received the documents or not, the court said, it would proceed with the set date of Dec 27 for his first preparatory hearing. Justices held their first round of meetings last week for the trial.
When asked if Mr Yoon’s apparent refusal to receive the court’s requests in a potential play to delay court proceedings could impact the later part of the trial, Ms Lee said it would be decided by the two lead judges – Justices Lee Mi-sun and Jeong Hyung-sik – who are overseeing the evidence examination and arguments.
Concerns have surfaced over trial delays that could be caused by Mr Yoon’s lack of an appointed attorney to represent him in court
“(Decision on further processes) all depends on the two lead judges, and there is nothing we can say further about it,” Ms Lee said.
Lawyer Seok Dong-hyeon, Mr Yoon’s confidant who is working on forming a line of legal representatives for the President’s trial, dismissed criticisms that he has been dragging out the trial procedures by not complying with the authorities.
“He needs preparation time to sincerely prepare for the impeachment process,” Mr Seok told reporters on Dec 23, adding that such concerns were “hasty judgment”.
Mr Seok said Mr Yoon is under “no obligation” to comply with investigative bodies, as he remains the president despite being temporarily suspended from his duties.
Mr Seok also emphasised that Mr Yoon believes defending himself in the Constitutional Court trial should take precedence over any ongoing investigations against him.
Earlier in the day, the Corruption Investigation Office for High-ranking Officials (CIO), which is looking into Mr Yoon’s alleged insurrection and abuse of authority following the Dec 3 martial law attempt, announced that its request to demand he show up for the investigation had also failed to be delivered.
It was the CIO’s second request for Mr Yoon to appear, with the request asking him to attend by 10am on Dec 23.
The court tried sending the documents several times throughout last week via post, e-mail and the court’s staff, but all failed to be delivered to either the presidential office or Mr Yoon’s residence, as the presidential security service refused to receive them.
Those sent on Dec 23 have been returned to the court.
This sets Mr Yoon’s case apart from the country’s two previous president impeachment trials.
In 2004, then President Roh Moo-hyun received the court’s written request just a day after the impeachment Bill was passed in Parliament on March 12, 2004. Five days later, on March 17, Mr Roh submitted his statement and a warrant of attorney to the court.
In 2016, then President Park Geun-hye received her written requests from the court just an hour after her impeachment Bill was passed. A week later, Ms Park’s attorney turned in the statement and a warrant of attorney to the court. THE KOREA HERALD/ASIA NEWS NETWORK
