Former President Yoon Suk Yeol and former National Security Adviser Shin Won-sik disputed the charges against them as the first formal hearing opened in the special counsel’s case over messages allegedly intended to justify the declaration of martial law. The hearing began 93 days after the indictment, with the duration of the alleged insurrection emerging as a central dispute.
- Proceeding
- First formal hearing
- Time since indictment
- 93 days
- Central dispute
- When the alleged insurrection ended
The special counsel argued that the alleged insurrection continued until December 14, when the National Assembly passed an impeachment motion, rather than ending on December 4 when martial law was lifted. Yoon countered that troops were withdrawn immediately after the Assembly voted to revoke the measure and said he could not understand the prosecution’s choice of the later date.
Court demands a clearer case against Shin
Shin also denied the allegations, saying he had opposed martial law. The court noted that prosecutors had not identified him as a participant in advance planning and directed the special counsel to state more clearly when Shin allegedly became aware of a purpose to subvert the constitutional order. That timing is necessary to define the conduct and intent attributed to him.
The judges repeatedly raised concerns about the prosecution’s preparation. According to YTN, the court said instructions from earlier preparatory hearings had not been adequately reflected and identified issues ranging from wording and typographical errors to legal theories, the organization of evidence lists and consultation with other special counsel teams.
The defense has cited the alleged failure to follow consultation requirements among special counsels as a basis for seeking dismissal of the prosecution. The broader special counsel investigation has indicted 58 defendants, although that figure covers all defendants rather than only those in this proceeding. Prosecutors must now clarify the indictment and evidence framework while the court assesses whether the case can proceed on the expedited schedule contemplated by the special counsel law.