Yoon's lawyers question impeachment's validity after request to drop insurrection charge

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수정2025.01.07. 오후 6:53
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MICHAEL LEE 기자
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Jang Soon-uk, a lawyer on the National Assembly's impeachment investigation committee, speaks at a press conference at the Korean Bar Association in Seocho District, southern Seoul, on Jan. 7. [YONHAP]

The conflict between the National Assembly's impeachment investigation committee and President Yoon Suk Yeol's legal team escalated on Tuesday as both sides advanced clashing arguments over the committee's recent request to withdraw the charge of insurrection and its implications regarding impeachment.

At the second preparatory hearing for Yoon’s impeachment trial at the Constitutional Court on Friday, the committee requested the withdrawal of the insurrection charge so justices could focus on the president’s suspected violations of the Constitution when he declared martial law on Dec. 3.

Since the committee made its request, Yoon’s legal representatives and the conservative People Power Party (PPP) have questioned the validity of the impeachment motion, arguing the court should strike it down if the insurrection charge is no longer under consideration.

In a statement on Tuesday, the president’s team argued that withdrawing the insurrection charge “is tantamount to retracting almost 80 percent of the impeachment motion’s content.”

Yoon’s legal team further argued that the impeachment motion should be considered invalid if the primary charge of insurrection is not addressed during his impeachment trial.

But during a dueling press conference at the Korean Bar Association the same day, the legal experts on the National Assembly’s impeachment investigation committee argued that “the violations of the Constitution committed by Yoon as the leader of the insurrection still form the core of the impeachment motion.”

“Not a single word [of the motion] has been withdrawn or altered,” the committee members said, adding that they “urge the court to consider [Yoon’s] treasonous actions in their entirety.”

The committee further argued that all of the acts committed by Yoon and officials under his command and within his Cabinet would be examined during his impeachment trial.

Amid the mounting controversy over the impeachment motion, the Constitutional Court said Tuesday that it will work to “uphold the constitutional order” and conduct Yoon’s trial in a fair and unbiased manner.

A police cordon blocks off access to the Constitutional Court in Jongno District, central Seoul, on Dec. 7. [NEWS1]

According to Constitutional Court spokesperson Lee Jin, the court intends to “move forward” with the trial with an eye “solely on serving the people.”

She added that the Constitutional Court will not become entangled in new and ongoing disputes over the legitimacy of its proceedings, emphasizing that it was “founded to safeguard the constitutional order.”

The previous day, the court denied accusations from the PPP that it advised the National Assembly’s impeachment investigation committee to drop insurrection from the allegations listed in the legislature’s impeachment motion.

The court is scheduled to hear oral arguments regarding Yoon’s impeachment over five sessions on Jan. 14, 16, 21, 23 and Feb. 4.

The first session of oral arguments is scheduled to take place exactly one month after the National Assembly voted to impeach Yoon over his short-lived imposition of martial law in early December.

As Yoon’s attendance at the first session is mandatory, the Presidential Security Service is likely to negotiate with the court to make arrangements to ensure his security.

The Constitutional Court has 180 days from the day it received the National Assembly’s impeachment motion against Yoon to confirm his removal from office or to reinstate him as president.

If his impeachment is upheld, Yoon will be removed from office, and an election to replace him must be held within 60 days of the court’s ruling.

Meanwhile, the presidential office said Tuesday that it had reported Democratic Party (DP) leader Lee Jae-myung and other DP officials for investigation on charges of filing false criminal complaints against presidential chief of staff Chung Jin-suk, National Security Office chief Shin Won-shik and others.

The DP has accused Chung and other administration officials of taking part in Yoon's declaration of martial law, but they have denied the accusations.

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