President Yoon Suk Yeol, arrested on charges of treason and abuse of power on Sunday, is expected to face trial early next month following a 20-day investigation by the Corruption Investigation Office for High-ranking Officials (CIO).
Since the CIO lacks the legal authority to indict a president, the prosecution's special investigation headquarters, dedicated to investigating the martial law decree, is expected to take over the case from the CIO.
After reviewing the CIO's investigation, the prosecution will likely arrest and formally charge Yoon, with the indictment filed with the Seoul Central District Court.
Considering that the first trial court can restrain the accused for up to six months with an extension, a court's decision is expected to be delivered by early August.
If a court's ruling is not made within this period, Yoon will be released and will stand trial without detention.
However, if Yoon challenges the evidence presented by the investigative agency, the trial could be further delayed.
Key officials accused of being accomplices in Yoon's martial law imposition, including former Defense Minister Kim Yong-hyun, National Police Agency Commissioner Cho Ji-ho, former Seoul Metropolitan Police Chief Kim Bong-sik and Noh Sang-won, former commander of the Defense Intelligence Command, have all been indicted on charges related to treason before Yoon. Their cases have been assigned to the Seoul Central District Court.
It is possible that Yoon's case will be reviewed by the same court, as a standard procedure allows related cases to be assigned to the same court handling the first case. However, it is not mandatory for related cases to be assigned to the same court.
The cases could be split across multiple courts for trial efficiency, especially if a large number of individuals are to be prosecuted.
Legal experts say Yoon could face life imprisonment or even the death penalty if convicted of treason.
Under the country's Criminal Act, the head of treason can be sentenced to the death penalty or life in prison. However, if mitigating factors are found, the sentence could be reduced to a finite term.