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Yoon Suk Yeol’s legal saga is not over yet.
Ten days after he was discharged from his office from his office, former Conservative South Korean president appeared for the first time during his criminal trial on Monday on charges of rebellion on high importance.
Yoon’s decision to declare military rule and send troops to Seoul streets in December made him the country’s first president charged while in office. If he is convicted of rebellion, he may face a life sentence, or theoretically, the death penalty.
Here’s what to know about the trial, which can last as long as two to three years:
Will Yoon be convicted of rebellion?
When the Constitutional Court confirmed the prosecution of Yoon of Parliament and removed him from office, it said that Yoon’s violation of the Constitution and other laws were too serious to be tolerated and “betrayed the confidence of the public.” It is said that the regulation of the Martial Act of Yoon “caused confusion in society, economics, politics, diplomacy and all other areas.”
Given the ruling, there is a ‘low possibility’ for the Criminal Court to express another ruling, so that Yoon is likely to be convicted on charges of rebellion, says Park Sungbae, a lawyer specializing in criminal law.
The Seoul Central District Court is currently reviewing whether the imposition of the martial law on Yoon amounts to an act of mastering a rebellion, a serious charge of which the conviction imposed only two sentences – the death penalty or life imprisonment.
Yoon denied the charges of rebellion in January. Yoon maintained that his decision was a desperate yet peaceful attempt to make the public aware of how the ‘anti-state’ liberal opposition allegedly abused his legislative majority to impede his agenda and complicate state affairs.
“The fact that they built an uprising charge about an event that lasted only a few hours and was dissolved non-violently after the claim of the National Assembly to uplift the measures was immediately accepted … does not match the right legalization,” Yoon said at the court on Monday.
Some observers said earlier that Yoon’s charges of rebellion could be disputed, as his decision had not led to great violence or caused serious civilian casualties.
What are the central issues?
The most important issue in the criminal trial of Yoon is whether his deployment of hundreds of troops to the National Assembly and Electoral Commission offices was an illegal attempt to close the institutions.
While a president has no constitutional authority to close the legislature – even under martial law – Yoon’s martial law declared a suspension of all political activities at the National Assembly.
Yoon defended his actions, saying he never tried to paralyze the National Assembly and always planned to accept the outcome as legislators voted to lift martial law – which they did a few hours after its statement. His claims are contrary to the testimonies of some military commanders, who say Yoon ordered them to drag legislators out of the room to prevent them from voting against his decision.
The Seoul Court will focus on “determining whether there was an intention to undermine constitutional order, and to assess a wide range of specific actions separately, including the circumstances under which the military and police forces were deployed,” said Yang Hong-Seok, a lawyer.
What could bring a fresh election?
Yoon’s dismissal urged a snap election on June 3 to choose his successor, which will get a full five-year term.
According to the observations, Yoon is likely to influence his People Power Part’s choice of his presidential candidate because he wants someone who can stand up for him and forgive him if convicted.
In a public message last week, Yoon expressed gratitude to his supporters and emphasized that he ‘will continue to do my highest’ to build the ‘free and prosperous Republic of Korea that we dreamed of.’
Yoon no longer enjoys presidential immunity to most criminal prosecution. According to experts, prosecutors may have charged him with abuse of power and other crimes related to his martial legislation.
Park said Yoon’s trial at Seoul District Court is expected to take one of two years, as there are too many witnesses to question and too many documents to investigate. Yang said he expects a verdict within a year, given how important the matter is.
Appeals can send Yoon’s case to a higher court and then the Supreme Court, but their ruling will probably not last for more than a year, Park said.
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