The Tamesis
The court began its final hearing at around 9:20 a.m. on Friday to hear the special prosecutor’s sentencing request for Yoon, who is accused of leading the rebellion, and seven of his closest aides, who are accused of participating in the so-called rebellion.
The hearing was moved about 40 minutes earlier than usual in anticipation of prolonged proceedings. The process includes reviewing additional evidence, hearing closing arguments and sentencing requests.
Lawyers for former defense secretary steal the show
The court began reviewing additional evidence submitted by the defense and the special prosecutor.
Given the importance of the case and the defendant’s right to an adequate defense, the judge allowed arguments to proceed through an unrestricted review of documentary evidence, a process that involves examining every piece of evidence submitted in open court.
In a typical court hearing, the judge will carefully read the list of evidence and briefly explain its nature. However, because the special prosecutor had spent about seven and a half hours reviewing documentary evidence at an earlier hearing, the court gave it more time, saying its purpose was to ensure equal defense rights for the defendants.
The review of evidence began with a verbal spat between former Defense Minister Kim Yong-hyun’s lawyers and the special prosecutor.
King’s lawyers said they had not prepared enough copies of evidentiary documents and asked for permission to enter an oral plea. The special prosecutor countered that other prepared defendants should move first, leading to a heated exchange.
Judge Ji eventually intervened, telling the lawyers they should ask politely rather than “complain.”
The hearing continued after copies of the documents were served, with King’s lawyers later extending presentation time to eight hours. During this time, Yoon closed his eyes and dozed off. Much of the statement had nothing to do with the charges against Kim, prompting some media outlets to label it a “court obstruction.”
At one point, a lawyer questioned the prosecutor’s misuse of honorifics when referring to Yin.
“The young prosecutors did not use honorifics when addressing (Yin) Yoon Seok-yeol and ended up acting as if they had given in after numerous complaints,” Kim’s lawyer said.
Judge postpones hearing
Yin’s other assistants spent only about an hour in the evidence review process, while Yin’s own lawyers were unable to begin their review.
The hearing lasted nearly fifteen hours, with breaks only for lunch and dinner, and several brief fifteen-minute breaks.
At around 5:45 p.m., Judge Ji showed flexibility and said, “You go out and get some air, and I won’t say anything else.”
In South Korea, suspects and lawyers typically remain seated throughout the hearing, except during official adjournments.
At around 9:30 p.m., Yoon’s lawyer asked the court to postpone the hearing on the grounds that “the most important arguments cannot be made at dawn.”
Judge Ji agreed.
Around 10 p.m., the judge said: “I don’t think it can be called a proper argument if it is held at dawn. We will designate January 13 for an additional hearing to hear President Yoon’s sentencing request and final argument.”
All eight defendants agreed. The judge stressed that Tuesday’s hearing would be the last and would not be further postponed.
The hearing concluded shortly after midnight.
What the delay means for the adjudication timetable
The special prosecutor’s sentencing request for Yoon is expected to be announced Tuesday afternoon.
Except for Yin, all defendants have completed evidence review. However, Tuesday’s hearing is also expected to last into the afternoon, as Yoon’s lawyers said their review of evidence and closing arguments could take up to six hours.
The delay raised concerns that Yin’s sentencing could also be delayed, although legal experts said that was unlikely.
The legal community had initially expected a ruling on Yoon’s rebellion charges in early to mid-February. South Korea’s courts make annual personnel changes in March, so many expected the verdict to be handed down before then.
The special prosecutors said they were weighing between seeking the death penalty and a life sentence against the former president, with support for a life sentence slightly outnumbering those for the death penalty.
Meanwhile, a separate decision on a charge of hindering arrest against Yoon was set for Friday. The special prosecutor had previously sought a 10-year prison sentence.
