The Constitutional Court in Jongno District, central Seoul, Dec. 16. Yonhap
Concerns are growing that the Constitutional Court may be forced to delay its impeachment trial of President Yoon Suk Yeol, as he continues to refuse to accept legal documents from the court, according to legal scholars and political watchers, Sunday.
While some speculate that Yoon's refusal is a deliberate strategy to delay the proceedings, the nation's highest court is expected to take alternative action on Monday. This could include invoking “deemed service” of the documents to expedite the hearing process.
"Deemed service" in the context of sending official documents means that the papers are legally considered to have been served on the intended recipient, even if there's no proof of actual delivery.
According to the court, the president has repeatedly declined to accept court documents related to his impeachment trial, including the notice of impeachment proceedings, summons to appear and a preparation order.
Since Dec. 16, efforts to deliver these documents by mail and in person have failed. Mail sent to Yoon's residence was rejected by his security detail, while attempts to deliver them to the presidential office were returned, with officials claiming that no recipient was available.
The preparation order, requiring Yoon to submit documents related to the Dec. 3 martial law decree and minutes from two Cabinet meetings held before and after the declaration, has yet to be received.
This stands in stark contrast to previous presidential impeachment cases. During the impeachment trials of former presidents Roh Moo-hyun in 2004 and Park Geun-hye in 2016, the Constitutional Court had no issues delivering court documents.
In Roh's case, the National Assembly passed the impeachment motion on March 12, 2004, and court documents were successfully delivered the next day. Within five days, Roh's legal team submitted a power of attorney and a statement of opinion to the Constitutional Court.
Similarly, after Park's impeachment motion was passed on Dec. 9, 2016, delivery was completed just an hour later through the presidential office's secretariat. Park submitted a power of attorney for litigation and her formal response seven days later.
The trial process could face delays if the documents remain undelivered or if Yoon appoints a legal representative late and claims that he is not ready to proceed.
According to the law on the Constitutional Court, the delivery of impeachment trial documents is a formal procedure, and delays in receipt could push back the preparation timeline. Every day Yoon refuses to accept the documents may extend the deadline for submitting a formal response.
Even if Yoon were to receive the notice by next Monday, it remains possible that his response deadline could fall after the Constitutional Court's first hearing preparation date, scheduled for Friday.
Lee Jin, a spokesperson for the Constitutional Court, speaks during a briefing on President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, Dec. 16. Yonhap
Trial expected to proceed as planned
However, the trial is likely to proceed as scheduled, as Yoon's response is not mandatory for the impeachment process to move forward.
If he continues to refuse receipt of the documents, they can be considered served through a public notice service or service by dispatch. Under the Civil Procedure Act, if a recipient refuses to accept documents without justifiable grounds, the court is permitted to leave them at the designated service location.
The court is expected to announce its stance on Monday and is reportedly considering multiple service methods.
These methods include service by dispatch, where the documents are sent by mail; substitute service, where the documents are left at the recipient's location or with an employee; and service by public notice, which becomes effective two weeks after being posted on a public bulletin board.
Despite Yoon's refusal, the court is likely to proceed with the first hearing date for the impeachment trial, currently set for Friday, without altering the schedule.
"Given that the president's strategy appears aimed at delaying the process, the Constitutional Court is likely to issue a clear statement on its decision to proceed as planned to preempt further delays," attorney Noh Hee-bum said. "The court also might express its willingness to actively cooperate with the president to ensure the trial progresses smoothly."
Meanwhile, Yoon was summoned once again for questioning by a joint investigation team over treason charges related to his attempt to impose martial law. The team, which includes the Corruption Investigation Office for High-ranking Officials (CIO), the National Police Agency and the Ministry of National Defense, has requested Yoon appear at the CIO's headquarters in Gwacheon, Gyeonggi Province, at 10 a.m. on Dec. 25.