President Yoon Suk Yeol's Criminal Trial Expectations

Seoul – A current president will be on trial in the Criminal Court on Thursday in South Korea’s history to begin another high-profile legal battle against the suspension of President Yoon Suk Yeol, who is accused of leading the uprising and abuse forces.

A pre-trial hearing held at Seoul's Central District Court on Thursday will mark the beginning of the trial, which can last up to six months, features major witnesses and lead to life imprisonment.

Under South Korean law, prosecutors can detain the defendant for up to six months after prosecution, meaning Yoon can be detained until July 25, unless the court bails him or his arrest is revoked.

If the court fails to make a judgment by the end of July, the case will be conducted without detention.

Unlike Yoon's impeachment trial, the trial focused on his alleged unconstitutional trial, whose criminal trial will explore his specific crimes under the criminal law and will determine whether his imposition of martial arts on martial arts is justified or led by him. attempted to revolt.

Although the two trials differ in nature, legal experts believe Yoon and his lawyers would argue that his martial law declaration was not an act of leading the uprising and that the trial itself would be regarded as a political persecution due to prosecution.

This criminal trial will determine the fate of the Monarch, some experts predict that due to the seriousness of the charge: leading the uprising. Under the Criminal Act, those convicted of suspected uprising face death or life imprisonment, Yoon is unlikely to be subject to death, as his martial law declaration did not actually cause death or harm a legal expert said a serious violation of human rights Behavior.

“Unlike former President Chun Doo-Hwan, who was responsible for the 1980 Gwangju massacre, killing at least 160 people, Yoon's martial law declaration did not cause significant harm or death. I hope the court sentenced life imprisonment, not death.” Noh Hee-Bum, a former research judge at the Constitutional Court, said.

As he did in the Constitutional Court, Yoon is expected to argue that his martial law declaration is just a “warning of the opposition” or attempt to “inspire” the public about how the opposition allegedly paralyzed his government agenda and undermined the Constitution, and An attempt to undermine the constitution. According to another legal expert.

“He will deny allegations that he led the uprising. I personally believe that Yoon is a former professional prosecutor and legal professional who knows he cannot be acquitted in a criminal trial. However, he may try to make multiple disputes and political , to shake public opinion and unite his far-right supporters,” said Lee Yun-Ju, a law professor at Myongji University.

Lee said politicizing his trial was the only way Yoon Eun stayed valuable and received potential special pardons for the ruling People's Power Party, as long as the PPP retained the power in the upcoming presidential election.

“Yoon’s legal representative will make different attempts to postpone the trial process. Yoon has filed a request in Seoul’s Central District Court to revoke his arrest warrant. But I hope the first trial judgment will be made within six months, because There is enough evidence to oppose him,” said Li.

“The decision of the Seoul Central District Court to stop allocating new cases to litigation responsible for handling the Mon case (and other cases concerning his martial law) proves the intention of the court to conduct a swift trial,” a prosecutor turned to demand Anonymous lawyer told the Korea Herald.

The lawyer explained that the court could reduce or suspend the division’s case to speed up the case, which, if delayed, could trigger long-term debate in society.

“If the case is not ruled on its warrant and is detained and released, the prosecution will be severely criticized. Given the seriousness of the matter, prosecutors will not attempt to cause any controversy by dragging it out of the trial,” the attorney said.

If the court confirms his impeachment and dismissal, Yoon will lose the presidential immunity granted under Article 84 of the Constitution, which grants the president exemption from criminal prosecution, except for cases of uprising or treason. This immunity allows prosecutors to sue him only in January, but if cancelled, they can take additional charges, such as abuse of power, which could lead to another criminal trial.

However, according to legal experts, the criminal liability of the Yuan could become more complicated if the Constitutional Court did not confirm his impeachment.

“If the president is prosecuted and detained for leading the uprising, he will not be able to be released and restored immediately. However, if the court continues to detain, the political uncertainty may reach unprecedented levels,” Noh said.

Legal experts warn that a fierce debate could begin revoking his warrant, possible recovery and whether the acting president is needed. Prolonged absence from being elected president can lead to enormous instability and confusion.

However, NOH believes Yoon is extremely unlikely to be released from custody and believes that the court will not approve his bail request or petition to revoke his warrant.

“The president is granted the privilege of prosecution of no crime during his tenure, except for uprising or treason,” he said. “Since the president has been detained and prosecuted, the finance minister, Choi Sang-Mok, will continue to serve as the president. As the president has been detained and prosecuted, he said. Acting President.”

Despite being the first chairman to be tried on criminal charges, Yoon is not the first president to be criminally charged.

Prior to Yoon, the criminal trial had been held for four former presidents – Chun Doo-Hwan, Roh Tae-Woo, Lee Myung-Bak and Park Geun-Hye. None of them served as president at the time.

The latest case involves former President Lee, who was charged in April 2018 with 16 counts of crimes including embezzlement and bribery.

The District Court found him guilty of seven counts and sentenced him to 15 years in the first trial judgment in October 2018. However, Lee was pardoned by Yoon himself in 2022 for two years and six months in prison.

Prosecutors sued then-President Park in April 2017 for multiple charges, including bribery, abuse of power and coercion.

In a 2018 ruling, the court found the park guilty in 18 charges and was sentenced to 24 years in prison.

Parker was then pardoned by the subsequent Moon Jae-In and was sentenced to four years and nine months in prison.

Chun and Roh were the first two former presidents arrested in 1995.

In January 1996, they each charged with uprising, treason, bribery and corruption.

The Seoul District Court sentenced Juen to death and sentenced him to 22 years and 6 months in prison for the first trial in August of the same year.

Although the Supreme Court confirmed the lower court's ruling that sentenced Chun Prison to life imprisonment and 17 years and 6 months, two former presidents were sentenced to two years in 1997 by former President Kim Young Sam after serving two years of prison. (Kim Young-Sam) Pardon.