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South Korean president appears in two different courts

Yoon Suk Yeol was contesting his arrest on rebellion charges in one and fighting an effort to remove him from office in the other.

By contributor Kim Tong-Hyung, Associated Press
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A protester wearing a mask of impeached South Korean President Yoon Suk Yeol attends with his fellow protesters during a rally calling for him to step down in front of the Constitutional Court in Seoul
A protester wearing a mask of impeached South Korean President Yoon Suk Yeol during a rally (Ahn Young-joon/AP)

South Korean President Yoon Suk Yeol appeared in two different courts on Thursday, contesting his arrest on rebellion charges in one and fighting an effort to remove him from office in the other.

Both cases — one on criminal charges, one an impeachment — are related to his brief imposition of martial law in December.

Security was heightened at the Seoul Central District Court as the motorcade transporting Mr Yoon arrived for a preliminary hearing that involved discussions of witnesses, proposed evidence and other preparations for his criminal trial.

Supporters of impeached South Korean President Yoon Suk Yeol near the Constitutional Court in Seoul
Supporters of impeached South Korean President Yoon Suk Yeol near the Constitutional Court in Seoul (AP PhotAhn Young-joon)

The court, which scheduled another preliminary hearing in March, was also reviewing a request by Mr Yoon’s lawyers to revoke his arrest order and release him from custody.

Such challenges are rarely successful.

The court did not specify when it would make a decision on the request but asked both Mr Yoon’s defence team and the prosecutors to submit further written submissions within 10 days.

Mr Yoon next travelled across the capital to the Constitutional Court, which is nearing a decision on whether to formally remove him from office after was impeached by the National Assembly.

During the hearing on Thursday, the court said it will hold final arguments on the case on February 25, which possibly sets up a decision sometime in March.

Mr Yoon temporarily left the courtroom when Prime Minister Han Duck-soo appeared as a witness.

Mr Yoon’s lawyer explained to the justices that his client believed it would damage the country’s image if both were seen in court together.

Mr Han supported Mr Yoon’s claim that the liberal opposition, with its legislative majority, had disrupted state affairs through pushing for impeachments of senior officials and undermining the government budget.

However, Mr Han repeated his previous statements to legislators and investigators that Mr Yoon had possibly violated constitutional requirements by failing to deliberate in a formal Cabinet meeting before declaring martial law on December 3.

Mr Han said he did not know of any Cabinet member who expressed support of Mr Yoon’s step.

Mr Yoon returned to the courtroom as the justices called another witness, Hong Jang-won, former first deputy director of South Korea’s spy agency.

During the hearing, Mr Hong maintained his earlier testimony that Mr Yoon ordered him to help a defence counterintelligence unit detain key politicians, including National Assembly speaker Woo Won Shik and opposition leader Lee Jae-myung.

Visibly irritated, Mr Yoon denied ordering anyone’s arrest and accused Mr Hong of lying and fabricating evidence.

After the hearing, Mr Yoon’s motorcade took him back to a detention centre near Seoul.

Mr Yoon was indicted on January 26 on rebellion charges, which carry a potential punishment of death or life in prison.

In South Korea, presidents have immunity from most criminal prosecutions, but not on charges of rebellion or treason.

The indictment alleges his imposition of martial law was an illegal attempt to shut down the National Assembly and arrest politicians and election authorities.

The conservative Mr Yoon has said his martial law declaration was intended as a temporary warning to the liberal opposition and that he had always planned to respect the will of legislators if they voted to lift the measure.

Mr Yoon’s presidential powers were suspended when he was impeached December 14, leaving him to fight for his political life at the Constitutional Court.

Martial law was lifted about six hours after Mr Yoon declared it but has caused political turmoil, disrupted high-level diplomacy and tested the resiliency of the country’s democracy.

Mr Yoon’s conservative supporters rioted at the Seoul Western District Court after it authorised his arrest last month, while his lawyers and ruling party have openly questioned the credibility of courts and law enforcement institutions handling the case.

Mr Yoon has continued to express contempt for his liberal rivals for obstructing his agenda and endorsed baseless conspiracy theories about election fraud to justify his ill-fated authoritarian push.

Mr Yoon’s defence minister, police chief and several military commanders have also been arrested and indicted on rebellion, abuse of power and other charges related to the martial law decree, which involved hundreds of heavily armed troops deployed to the National Assembly and National Election Commission offices.

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