12.3 Martial Law Situation Related Insurrection Charges Former President Yoon Suk-yeol is seen leaving the Seoul Central District Court in Seocho-gu, Seoul, on the 9th after his pre-arrest warrant review (investigation). Yonhap News. 

Former President Yoon Suk-yeol's legal team has decided to attend the first trial for the case additionally indicted by the special prosecutor team investigating the insurrection charges.

On the 23rd, President Yoon's defense counsel announced via a press release, "We will attend the new trial on the 26th at 10:15 AM."

The defense team explained, "In criminal trials, the defendant's attendance is a prerequisite for opening the court session under the Code of Criminal Procedure. As this new case is a separate trial procedure from the previous insurrection leader charges trial, which was conducted in absentia, attendance at the first trial is mandatory."

Article 276 of the Code of Criminal Procedure states, "Unless otherwise provided, a trial shall not commence if the defendant is absent on the trial date." This means that a defendant's presence is mandatory for a criminal trial to begin.

The 35th Criminal Division of the Seoul Central District Court (Presiding Judge Baek Dae-hyun) is scheduled to hold the first trial for charges against former President Yoon, including obstruction of official duties and abuse of power, on the 26th, and will also conduct a bail hearing.

Given that the trial and bail hearing are being held concurrently, analyses suggest that President Yoon may be appearing in court to directly state his need for a trial without detention.

Since being re-arrested by the insurrection special prosecutor team on July 10th, former President Yoon has been absent from ten consecutive trials for charges of insurrection leader and abuse of power, citing health reasons.

The 25th Criminal Division of the same court (Presiding Judge Ji Gwi-yeon), which is handling this trial, has been proceeding with the trial in absentia, considering the Seoul Detention Center's stance of not being able to forcibly bring the defendant ('in-chi').

According to Article 277-2 of the Code of Criminal Procedure, if a detained defendant refuses to attend without justifiable cause, and if the defendant cannot be forcibly brought by a prison guard or if it is deemed significantly difficult, the trial proceedings can proceed without the defendant's presence.

Yonhap News