The trial of former President Yoon Suk-yeol held in September. Yonhap News

In relation to the State Council meeting prior to the declaration of emergency martial law on December 3rd, the defense for former President Yoon Suk-yeol, who is being tried for allegedly infringing upon the deliberative and voting rights of State Council members regarding martial law, argued in court that "the State Council is not a forum that guarantees the rights of individual members."

The Seoul Central District Court's Criminal Division 35 (Presiding Judge Baek Dae-hyun) proceeded with the trial on the 12th concerning charges against former President Yoon, including obstruction of justice and abuse of power, by conducting witness examination of former Minister of Land, Infrastructure and Transport Park Sang-woo.

Former Minister Park testified that he received a call from former Presidential Secretary for Protocol Kim Jeong-hwan late on the night of December 3rd last year and arrived at the presidential office, but by then the State Council meeting had concluded and former President Yoon had left the room to declare martial law.

During cross-examination, former President Yoon's lawyer asked, "Do you not agree with the view that the State Council is a consultative body under the constitution that assists the president's policy decisions, rather than a place that guarantees individual rights?" to which former Minister Park replied, "Yes. I believe it is a consultative body."

The defense for former President Yoon also questioned, "In a state of national emergency on the day martial law was declared, a hastily convened meeting occurred where substantive discussions took place. Don't you think it's unreasonable to claim the entire proceedings are invalid simply because a few members were absent?"

This argument aimed to rebut the special prosecutor's logic that Yoon allegedly infringed upon the constitutional right of specific State Council members to deliberate and vote on martial law by convening only a select few, excluding others.

In response, former Minister Park stated, "I believe the validity of the State Council meeting will be judged separately. I do not think that the mere absence of individual members significantly affects its validity."

Meanwhile, former Minister Park said, "While State Council members must take responsibility for the affairs of their respective ministries, I do not believe that individual members are held criminally responsible for matters discussed in a deliberative body."

He had previously testified as a witness in the trial of former Prime Minister Han Duck-soo, stating, "Events unfolded in a situation where I could not fulfill my role as a State Council member. State Council members were also victims," a remark that drew criticism.

The court is scheduled to conduct witness examinations of former Presidential Spokesperson for Foreign Media Ha Tae-won and former Deputy Spokesperson for Foreign Affairs Yoo Chang-ho on the afternoon of the same day.