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Result of first trial expected to come out in August if Yoon goes on trial early next month

입력 2025.01.20 17:21

Kang Yeon-joo, Jung Dae-yeon

A patrol wagon of the Ministry of Justice carrying President Yoon Suk-yeol enters the Seoul Detention Center in Uiwang, Gyeonggi Province, on January 18. Reporter Lee Jun-heon

As President Yoon Suk-yeol was detained on January 19 on charges of leading an insurrection and abusing his power, a schedule for his upcoming investigations became visible. He is expected to spend up to 20 days in custody being investigated by the Corruption Investigation Office for High-ranking Officials (CIO) and the prosecution, and the result of the first trial is expected to come out as early as August if he goes on trial early next month.

However, the fact that President Yoon is mobilizing all legal means to delay criminal and judicial proceedings can be a variable.

The CIO and the prosecution have agreed in advance to divide the maximum 20-day detention period into about 10 days. The CIO has the power to investigate presidents, ministers, and lawmakers, but does not have the right to prosecute them. For this reason, it plans to investigate Yoon and then transfer the case to the prosecution around January 24.

Prosecutors have already prepared to investigate Yoon. The prosecution is confident, as it was the first to launch the investigation into the Yoon’s declaration of martial law on December 3 last year with the military prosecution and indicted 10 people, including former Defense Minister Kim Yong-hyun.

Many in the prosecution want the CIO to hand over the case as soon as possible so that they can investigate as much as possible against Yoon, who is the key figure of the insurgency case.

Prosecutors plan to file an indictment against Yoon in the Seoul Central District Court early next month once they have completed the investigation. The indictment must be filed within 20 days of the arrest, so the current deadline is February 3. However, it is likely to be pushed back a few days, given that Yoon has used every means at his disposal to challenge the investigation. He is likely to ask the court to determine whether the arrest warrant was issued legally. A review period is excluded from a confinement period. “We will do our best to right the wrongs in all judicial proceedings,” Yoon's defense said.

Earlier, Yoon had filed an appeal to the competent court against the first arrest warrant, a request for adjudication on jurisdiction disputes, and applied for an injunction to the Constitutional Court. When the arrest warrant was reissued, he also requested a petition to review its legality again. However, none of these requests were granted.

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Yoon may request a conditional release on bail before being indicted. But this is unlikely to be granted as the court cited the “risk of evidence destruction” as the reason for issuing the arrest warrant. Even though it is unlikely, the use of all means of appeal seems to be aimed at sending a message to his supporters of unfairness.

The first trial court can detain the accused for up to six months. If Yoon is indicted, the court is expected to speed up to complete the sentence by early August, when the period ends. However, Yoon's defense is expected to raise issues of investigative powers and admissibility of evidence of the CIO and prosecutors. This could significantly delay the trial process. If the first trial is not completed within the confinement period, Yoon will be tried without detention.

※This article has undergone review by a professional translator after being translated by an AI translation tool.