The first hearing in the impeachment trial of South Korea’s suspended president, Yoon Suk Yeol, was adjourned just minutes after it began on Tuesday due to Yoon’s failure to appear at the constitutional court.
The court’s justices now have approximately five months to decide whether to permanently remove Yoon from his presidential duties over his brief declaration of martial law on December 3, or whether to reinstate him.
This unprecedented political crisis in South Korea began when Yoon ordered military personnel to storm parliament in a failed attempt to prevent lawmakers from voting to suspend his civilian rule.
The National Assembly voted to impeach Yoon in mid-December, triggering a period of intense uncertainty. During this time, Yoon, an ultra-conservative, has remained at the presidential residence, evading subpoenas from investigators probing him for insurrection charges in a separate case, while also using his presidential security team to resist arrest.
Yoon’s legal team had indicated that he would not attend the first hearing due to safety concerns but was open to appearing at a later hearing if these issues were resolved.
“Concerns about safety and potential incidents have arisen. Therefore, the president will not be able to attend the trial on January 14,” said Yoon’s lawyer, Yoon Kab-keun. The trial will proceed without Yoon if he does not attend subsequent hearings.
Yoon’s absence is not without precedent. Former president Roh Moo-hyun did not attend his impeachment trial in 2004, and Park Geun-hye also refused to appear during her trials in 2016-2017.
In addition to Yoon, lawmakers also impeached his immediate successor, Han Duck-soo, last month. The current acting president, Choi Sang-mok, has shown reluctance to take sides in the ongoing standoff, instead urging all parties to negotiate a solution.
The first hearing, which was one of five hearings scheduled before early February, started at 2 p.m. on Tuesday but was swiftly adjourned due to Yoon’s absence.
The next hearings are set for January 16, 21, and 23, with the final one scheduled for February 4. Media outlets have reported that the next session will include “more substantive arguments,” though it remains uncertain whether Yoon will attend.
Legal experts have stated that the court will focus on two key issues: whether Yoon’s declaration of martial law was constitutional, and if not, whether it constituted insurrection. “This impeachment case focuses solely on the martial law situation, so the facts are not particularly complex,” said lawyer Kim Nam-ju.
The court has 180 days from December 14 to issue its ruling on whether Yoon violated the constitution and the martial law act. Yoon’s legal team has argued that the court should use the full 180-day period to thoroughly investigate the events leading up to Yoon’s declaration of martial law.
Complicating the legal process is the current composition of the nine-member court, which only has eight justices. At least six justices must agree to uphold the National Assembly’s vote for Yoon to be removed from office.
Acting president Choi Sang-mok has urged both ruling and opposition parties to quickly agree on appointing a ninth justice, Ma Eun-hyuk.
Apart from the impeachment trial, police and investigators from the Corruption Investigation Office (CIO) are preparing to make a new attempt to arrest Yoon, who is facing allegations of insurrection. A previous attempt to arrest him failed after his presidential guards blocked the investigators.
Should the arrest warrant be successfully executed, Yoon would become the first sitting South Korean president to be arrested. If convicted, Yoon could face a prison sentence or even the death penalty.
The CIO has vowed to “prepare thoroughly” for the second arrest attempt and warned that anyone obstructing investigators could face detention.
The National Office of Investigation, a police unit, has issued a directive to Seoul’s high-ranking police officers, asking them to prepare 1,000 investigators for the upcoming attempt, according to Yonhap news agency.
In the meantime, Yoon’s security team has reinforced the barriers around his residence in Seoul, including by installing barbed wire and parking buses to block access. Yoon’s legal team has also sought to pressure police not to participate in the arrest attempt.
On Tuesday, Yoon’s lawyers issued a statement, claiming that officers would be violating multiple laws if they proceeded with the “illegal warrant” for his detention.
“We strongly urge the police, who are not obligated to follow investigative directives from the CIO, not to degrade themselves into mere enforcers of illegal actions,” the statement read.
On Sunday, the CIO sent a letter to the Ministry of Defense and the presidential security service, warning that anyone obstructing Yoon’s potential arrest could face criminal charges for obstruction and abuse of authority.