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Yoon Seok-yeol entering the courtroom (Seoul=Yonhap News) Former President Yoon Seok-yeol attends the first public hearing for charges including obstruction of special public officials' duties and abuse of power at the Seoul Central District Court on September 26, 2025. 2025.9.26 [Photo Joint Press Corps] photo@yna.co.kr
Former President Yoon Seok-yeol denied all charges in his first formal trial for the case additionally indicted by the special prosecutor team investigating rebellion.
The Seoul Central District Court's Criminal Agreement Division 35 (Presiding Judge Baek Dae-hyun) held the first public hearing for the case of former President Yoon's alleged obstruction of special public officials' duties and abuse of power on September 26 at 10:15 AM.
Former President Yoon, who appeared in person on this day, entered the courtroom wearing a navy suit and no tie. His hair had turned white, and his face appeared thinner than before.
He wore a badge with the inmate number '3617' on his left chest. Although it was reported that he was manacled and bound during the transfer from the detention center to the court, these restraints were removed upon entering the courtroom.
Standing at the defendant's dock, when the presiding judge asked for his date of birth and address for identity confirmation, former President Yoon replied, "December 8, 1960, Apartment [redacted] Acro Vista." He stated that he did not wish for a jury trial.
In his opening statement, Special Prosecutor Park Eok-soo stated, "As this is the first public hearing, it is necessary to thoroughly explain the gist of the charges to the court and the public," and proceeded with a presentation of the indictment.
Subsequently, the special prosecutor's team explained the five additional charges in detail.
Former President Yoon is accused of obstructing the execution of an arrest warrant by the Corruption Investigation Office for High-ranking Officials (CIO), infringing upon the constitutional right of nine cabinet members to deliberate and vote on martial law before its declaration, and fabricating martial law decrees retroactively and subsequently destroying them.
He is also accused of ordering the issuance of press releases containing false information to foster favorable public opinion and ordering the deletion of communication records of former Director of the Defense Security Command Yeo In-hyeong and others through secure phones in preparation for the investigation.
Former President Yoon's side denied all charges.
Yoon's legal team stated, "As President, he declared martial law according to the emergency situation and subsequently lifted it according to the National Assembly's resolution to lift martial law. However, the special prosecutor has indicted the President's declaration of martial law as rebellion, and further, has categorized the convening and deliberation of the State Council as abuse of power, and the issuance of press releases as a crime, indicting them as abuse of power through false press releases."
They continued, "The obstruction of duty by the Presidential Security Service in response to the CIO's illegal investigation and arrest is being categorized as obstruction of public officials' duties. We deny all charges in this case."
Furthermore, they argued, "Some of the charges pertain to actions taken during the martial law period and constitute double jeopardy. Therefore, a ruling of dismissal of the indictment should be made."
The prosecution's claim is that the charges additionally indicted by the special prosecutor's team are included in the ongoing trial for leading rebellion and abuse of power, thus constituting double jeopardy.
Specifically, regarding the charge of infringing upon the cabinet members' right to deliberate and vote on martial law, they argued, "It is difficult to recognize a specific right to deliberation for cabinet members, and therefore, the outcome of abuse of power does not exist. The defendant merely summoned cabinet members who could be quickly located."
Regarding the charges of retroactively creating and destroying martial law decrees, they stated, "It is clear that there was no reason to create a document retroactively to fabricate legitimacy. Former Presidential Office Secretary Kang Eui-gu created the cover of the martial law decree retroactively, and former Prime Minister Han Duck-soo pointed out procedural issues and ordered its destruction. It is difficult to consider it a presidential record as it was an unofficial document."
Regarding the charge of ordering the issuance of press releases with false information, they argued, "It could have caused unnecessary concern to the international community and could have significantly impacted the Republic of Korea's international credibility. The press release order was issued to inform that the constitutional system was functioning normally and that both the President and the National Assembly were making efforts to restore the system through their respective roles."
They emphasized, "The special prosecutor's indictment is a planned indictment with political motives, rather than being based on legal grounds."
Regarding the charge of obstructing the CIO's execution of the arrest warrant, they argued, "The CIO does not have investigative authority for rebellion, and this is reflected in the court's decision to cancel the arrest warrant. The CIO requested an arrest warrant exceeding its jurisdiction, and the Western District Court illegally issued it."
Presiding Judge Baek Dae-hyun examining documents (Seoul=Yonhap News) Presiding Judge Baek Dae-hyun examines documents at the Seoul Central District Court on September 26, 2025, during the first public hearing for charges including obstruction of special public officials' duties and abuse of power against former President Yoon Seok-yeol. 2025.9.26 [Photo Joint Press Corps] photo@yna.co.kr
After completing the plea (admission or denial of charges) procedure, the court further clarified the positions of both parties by asking questions.
Regarding the charges of retroactively creating and destroying martial law decrees, the court asked, "What is the basis for the martial law decree losing its legal character as a document solely on the instruction of former Prime Minister Han?"
In response, Yoon's legal team stated, "Former Prime Minister Han, as the head of administration, believed that his order to destroy it would render it ineffective from a legal perspective. We will submit specific case precedents later."
Former President Yoon himself stated, "I admonished Secretary Kang for doing it, and he said, 'I will just keep it.' I thought that if former Prime Minister Han spoke of it, I would naturally agree to its destruction without him asking me."
The court also asked the special prosecutor's team for their opinion on Yoon's side's pointing out the CIO's investigative authority issue.
In response, the special prosecutor's team stated, "Even if there is a disagreement with a warrant issued by a judge, it must be legally contested; physical resistance is a crime. The issue of investigative authority will be fully argued in the upcoming trial proceedings concerning complex legal issues."
The special prosecutor's team requested the court to conduct focused hearings for a swift trial.
The court stated, "As per the Special Prosecutor Act, the first instance trial must be concluded within 6 months, so we plan to hold trials at least once a week. We will primarily hold them on Fridays, and if we hold them twice a week, we plan to hold them on Tuesdays as well."
As the court permitted broadcast of the proceedings today, the trial footage will be made public online after undergoing anonymization processes.
This marks the first instance of the proceedings of a lower court trial, not a verdict, being broadcast live. Previously, the verdicts of the criminal trials of former Presidents Park Geun-hye and Lee Myung-bak were broadcast live. Yonhap News
Yoon Seok-yeol attending court (Seoul=Yonhap News) Former President Yoon Seok-yeol attends the first public hearing for charges including obstruction of special public officials' duties and abuse of power at the Seoul Central District Court on September 26, 2025. 2025.9.26 [Photo Joint Press Corps] photo@yna.co.kr
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