President Yoon Suk Yeol delivers a public statement at the presidential office in Yongsan District, Seoul, Dec. 12. He asserted in his statement that decisions related to governance, such as the declaration of martial law, are not subject to judicial review. Yonhap
President Yoon Suk Yeol is expected to appear before the Constitutional Court to personally defend himself in his impeachment trial and argue that his declaration of martial law was a legitimate act of governance, according to his legal team, Wednesday.
If he does, Yoon will become the first president of Korea to appear in court for an impeachment trial. However, experts question whether his defense will have a significant impact on the ruling.
"I expect the president to present his arguments and make testimonies with greater clarity than the lawyers," Seok Dong-hyeon, a representative of Yoon's legal team and his longtime friend, told reporters. "The president will confidently express his position in court."
Former presidents Roh Moo-hyun and Park Geun-hye, who each faced impeachment trials, did not attend their hearings. Instead, they conveyed their positions through their lawyers during the hearings, which were held seven times for Roh and 17 times for Park.
According to the law on the Constitutional Court, trials cannot proceed without a legal representative. However, a provision in the law allows exceptions for individuals qualified as attorneys. In such cases, they are permitted to represent themselves.
This technically allows Yoon, an ex-prosecutor with 27 years of experience and a former prosecutor general, to defend himself at the trial.
The possibility of his presence in the impeachment trial stems from his strong belief in the legitimacy of his Dec. 3 martial law declaration.
In a 29-minute public statement he made on Dec. 12, two days before the National Assembly voted to impeach him, Yoon said, "The president's authority to declare emergency martial law is an act of governance and, like the exercise of amnesty or diplomatic rights, is not subject to judicial review."
The legal community noted at the time that the statement seemed to be a summary of arguments personally drafted by the president, showcasing his expertise as a legal professional.
Constitutional Court justices Kim Hyung-du, right, and Kim Bok-hyeong await proceedings during a preparatory hearing for the impeachment trial of Board of Audit and Inspection Chief Choi Jae-hae at the court in Jongno District, Seoul, Tuesday. Yonhap
Impact questioned
However, legal and political experts believe that Yoon representing himself in court is unlikely to have a significant impact on the ruling.
Choi Chang-ryul, a political science professor at Yong In University, described Yoon's move as an attempt to rally his supporters.
"It appears he is creating a space for his supporters to shape public opinion and unify their stance, but this will not be a decisive factor in determining whether the impeachment is upheld or rejected," Choi said.
He also noted that Yoon's actions stem from his confidence and belief in the legitimacy of the martial law declaration.
Chung Tae-ho, a law professor at Kyung Hee University, expressed strong doubts about the impact of the president repeating his public statements in court.
"From the perspective of a constitutional expert, his remarks seemed authoritarian, even dictatorial," he said. "This is not the statement of someone who fully understands democratic processes."
He also highlighted the challenges of self representation in court, noting that even renowned lawyers and prosecutors typically rely on legal counsel when facing charges.
"It's unrealistic to claim that being a prosecutor for a long time inherently makes someone effective at defending himself," Chung said.
Meanwhile, the president has repeatedly declined to accept the impeachment resolution sent by the court on Monday, postponing the official start of the judgment process. This has fueled suspicions of deliberate delays, raising questions about his intent.
The court attempted to deliver the documents through three methods — personal delivery, mail, and an electronic document system — but Yoon has yet to formally receive any of them.
In response, the court sent additional copies of the documents to the president via mail on Wednesday.
It also ordered Yoon to submit by Dec. 24 documents related to the Dec. 3 martial law decree, along with minutes of two Cabinet meetings held before and after the declaration.
Meanwhile, prosecutors investigating Yoon's martial law decided on Wednesday to transfer the cases involving the president and former Interior Minister Lee Sang-min to the Corruption Investigation Office for High-ranking Officials (CIO).
Immediately after the martial law declaration, the police, the CIO, and prosecutors launched their own investigations into Yoon and others involved in the martial law fiasco. Later, the police and the CIO formed a joint investigation team, while the prosecution continued its separate probe.
Prosecutors said the decision to transfer the case was made to prevent overlapping investigations. However, they emphasized that they will continue to investigate other individuals involved, apart from Yoon and Lee.