SEOUL – The first impeachment trial hearing for South Korean President Yoon Suk Yeol ended in minutes, after he failed to turn up.
The session had started promptly at 2pm on Jan 14 with the Constitutional Court’s acting chief, Justice Moon Hyung-bae, taking the attendance of those present.
Noting the absence of Mr Yoon, Justice Moon then announced that the hearing would not proceed, adding that the second hearing scheduled for Jan 16 will proceed regardless of Mr Yoon’s attendance.
With that, the judge ended the session – in four minutes.
Under South Korea’s Constitutional Law, if the defendant fails to appear for the first hearing, a new date must be set. And if the defendant fails to turn up again, court proceedings will continue in the defendant’s absence.
Mr Yoon’s defence team had earlier stated that the President would not be turning up, citing security concerns that he could be arrested by investigators while en route to the court.
Mr Yoon is facing, in parallel, criminal investigations on insurrection charges over his short-lived martial law declaration on Dec 3, which has plunged the country into its worst political crisis in decades.
Insurrection is one of the few criminal charges from which a South Korean president does not have immunity.
Lawmakers voted for Mr Yoon’s impeachment on Dec 14, with the final decision now resting with the Constitutional Court.
If the court decides that the impeachment motion is legal and valid, Mr Yoon will be removed from office, and a snap presidential election has to be called within 60 days.
Meanwhile, the atmosphere outside the Constitutional Court was muted, despite the precautionary measures of police buses parked on both sides of the road, with police officers on standby to quell any unrest.
Before the hearing, a group of about 20 protesters made impassioned speeches calling for the impeachment and arrest of Mr Yoon on one side of the court’s main gate, while mock flower wreaths pledging support for Mr Yoon were lined up on the other side of the gate.
Minutes after the hearing, the same spot was occupied by a larger group of about 40 Yoon supporters, who called for the impeachment to be rejected.
A police officer standing guard in front of the Constitutional Court in Seoul on Jan 14 as the court begins the first formal hearing of the impeachment trial of South Korean President Yoon Suk Yeol.PHOTO: AFP
But it was a vastly different scene at Mr Yoon’s residence near Itaewon, where he has been holed up since his impeachment.
Shortly after the court hearing ended, as rumours of a second arrest attempt swirled, the crowds swelled to around 5,000, according to South Korean police estimates.
Local media reported supporters saying that they were prepared to lie on the road to block police vehicles from entering the residence to carry out the arrest.
A first arrest attempt by the Corruption Investigation Office for High-ranking Officials (CIO) on Jan 3 failed after a six-hour stand-off with the Presidential Security Service.
The CIO had filed for the arrest warrant after Mr Yoon defied its repeated summons for questioning.
On Jan 14 morning, ahead of the impeachment trial hearing, the CIO met the police to discuss plans on executing the second arrest attempt, including measures to gain access to Mr Yoon’s residence, which is fortified with barbed wire and barricaded using vehicles.
A Yonhap News report said the operation could take place as early as 5am on Jan 15, and involve around 1,000 police officers.
As tensions mount, Acting President and Deputy Prime Minister Choi Sang-mok issued a statement on Jan 13, urging law enforcement agencies to conduct their actions “in a peaceful and restrained manner” without resorting to violence under any circumstances.
Professor Hahm Sung-deuk, from Kyonggi University’s faculty of political science and law, believes that the authorities are in a hurry to arrest and indict Mr Yoon ahead of the Korean Lunar New Year celebrations, a major holiday in the country which starts on Jan 27.
“If the arrest and indictment happens, then we may expect the impeachment process to move slightly faster,” he told The Straits Times, pointing out the need for urgency as two justices in the Constitutional Court are due to retire in April.
Under South Korean law, the impeachment decision must be approved by at least six justices in the Constitutional Court.
There was much controversy earlier as the court had only six sitting judges on its nine-member bench.
Conflict over the appointment of new judges eventually led to former acting president and prime minister Han Duck-soo being impeached on Dec 27, after he irked the opposition-dominated National Assembly by refusing to appoint the judges unless there was bipartisan agreement.
Current Acing President Choi finally appointed two new judges on Dec 31, with one nomination each from the ruling People Power Party and the opposition Democratic Party (DP), bringing the total to eight.
Ahead of the hearing on Jan 14, Mr Yoon’s defence team had submitted an application to recuse the newly appointed justice nominated by the DP, citing concerns about her impartiality given her progressive leanings. But the application was unanimously rejected by the Constitutional Court.
Prof Hahm said the application was just a futile attempt by Mr Yoon and his team to buy time.
“Mr Yoon is now playing with legalities to avoid the legal procedure. But this is just procrastination; it is a matter of time, the result will be the same,” he added.
“His behaviour, his calling of martial law – these are things our people will not forgive.”
- Wendy Teo is The Straits Times’ South Korea correspondent, based in Seoul. She covers issues concerning the two Koreas.
Join ST’s Telegram channel and get the latest breaking news delivered to you.
