Yoon Suk Yeol faces South Korea court for first time over martial law saga

South Korea's impeached President Yoon Suk-yeol made his first appearance at the Constitutional Court, which will decide his fate. Yoon denied ordering troops to drag lawmakers from parliament to prevent them from voting down his martial law decree last month.

Yoon's appearance in court was his first public appearance since becoming the first sitting South Korean president to be detained over the brief imposition of martial law, which plunged the country into political turmoil. On December 3, Yoon abruptly imposed martial law, deploying troops and police to surround parliament, but enough politicians still entered to unanimously vote down his decree, forcing his cabinet to lift it early the next morning.

Yoon, a conservative, has argued that sending troops was not meant to block parliament, but to warn the main liberal opposition Democratic Party, which has used its majority in the legislature to stall his agenda, sabotage his budget, and impeach some of his top officials. In announcing martial law, he called the parliament a “den of criminals” that was obstructing government affairs and vowed to purge “shameless North Korea followers and anti-state forces.”

However, commanders of the military units sent to parliament have contradicted Yoon’s position. Special Forces Commander Kwak Jong-geun stated in a parliamentary hearing that the president had directly called him, demanding that his troops “quickly smash the gates and drag the lawmakers inside out.” Kwak said he did not carry out the order. When asked by acting Chief Justice of the Constitutional Court Moon Hyung-bae whether he had ordered commanders to drag lawmakers out, Yoon replied that he had not.

Yoon argued that lawmakers could have gathered later to overturn the decree. He also contended that attempting to block parliament from voting by force would have triggered a massive public backlash. “If I had blocked [the vote], I don’t think I could have borne the consequences,” Yoon said. When asked by Moon about reports that he had provided a senior official with a memo about setting up an emergency legislative body before imposing martial law, Yoon said he had not. Whether he plotted to initiate such a body would help explain his true intentions in imposing martial law.

Parliament impeached the president on December 14, suspending his presidential powers. The Constitutional Court must decide by June whether to formally remove him from the presidency or reinstate him. Observers say a ruling is expected soon. Meanwhile, law enforcement is investigating whether he and others committed acts of insurrection, abuse of power, and other crimes related to the martial law order. Under the law, leaders of an insurrection can face life in prison or the death penalty.

He had earlier ignored several requests to appear for questioning and had remained inside the presidential Blue House in Seoul, even as his defense minister, police chief, and several senior military commanders were arrested for their roles in carrying out martial law. He was finally detained on January 15, when authorities mobilized hundreds of police and investigators near his residence. While South Korean presidents enjoy broad immunity from prosecution while in office, that protection does not extend to charges of insurrection or treason.

Yoon's martial law decree has shaken South Korea’s diplomatic activities and financial markets, and has damaged its international image as a vibrant democracy. His subsequent defiance and the opposition’s efforts to oust him have also exacerbated South Korea’s already deep internal divisions. After the Seoul District Court approved a formal arrest warrant on Sunday to extend his detention, dozens of his supporters stormed the courthouse, damaging windows, doors, and other property. They also attacked police with bricks, steel pipes, and other objects. The violence resulted in 17 police officers being injured, and police said they detained 46 protesters.