Former President Yoon Suk-yeol appears at the eighth hearing of his alleged insurrection and abuse of power case at the Seoul Central District Court on June 23. / Joint Press Corps

The special counsel team led by Cho Eun-seok, which is investigating former President Yoon Suk-yeol’s alleged insurrection, appeared in court for the first time on June 23. Yoon’s legal team strongly objected, arguing that “multiple provisions of the Special Prosecutor Act are unconstitutional” and that the special counsel team have no standing in the ongoing trial. The special counsel team also announced plans to receive related cases from the police.

The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Jee Kui-youn) held the eighth hearing in the case against former President Yoon, who faces charges of insurrection and abuse of power. Assistant Special Prosecutor Park Eok-soo appeared in court on behalf of the special counsel team. Park said, “Based on the provisions of the Special Prosecutor Act, we requested the handover of the case from the prosecution’s special investigation headquarters on June 19, and we are now in charge of maintaining the indictment.” Article 6 of the Special Prosecutor Act allows a special counsel team to take over the maintenance of indictments in cases that have already been prosecuted.

Yoon’s defense team pushed back strongly, calling the Special Prosecutor Act “unprecedented in Korean history.” Attorney Wi Hyun-seok said, “There is no historical precedent for a structure where a special counsel is nominated by a specific political faction, appointed by the president from the same party, and then exercises prosecutorial power again. This directly undermines the defendant’s right to a fair trial.”

The defense also argued that the special counsel team’s participation in the trial was procedurally improper and demanded a suspension of the trial. Attorney Bae Bo-yoon said, “The Special Prosecutor Act allows investigations only when prosecutorial efforts are insufficient, but it does not specify what crimes are being investigated or how they are being identified. With the prosecution already maintaining the indictment, having the special counsel team step in is clearly problematic.”

At the hearing, Lee Jae-sik, former Inspector General for Operational Readiness at the Joint Chiefs of Staff (JCS), and Army Colonel Kwon Young-hwan, former martial law officer at the JCS, appeared as witnesses. Lee testified that he assumed the proclamation drafted by then-Defense Minister Kim Yong-hyun had already been finalized, so no one scrutinized it closely. He added that martial law declarations used during military drills are usually lengthy, reviewed by legal experts, and carefully worded to prevent any misunderstandings, whereas the proclamation in question, which was written at the time of Yoon’s declaration of martial law, was “broadly drafted” without such scrutiny.

The special counsel team also said it will receive related investigation materials and personnel from the police. At a regular press briefing, a representative from the police emergency martial law task force said, “On June 19, the special counsel team requested a handover of the related cases. On the 26th, we will transfer 31 investigators along with the case files.” Under the Special Prosecutor Act, police are required to hand over all related cases upon request by a special counsel team. The task force had been investigating Yoon for obstructing the execution of an arrest warrant and for ordering the deletion of secure phone data. With the case now transferred, the responsibility for any further investigation or arrest of Yoon falls to the special counsel team.

Meanwhile, the separate special counsel team led by Min Joong-ki, investigating 16 allegations including stock manipulation by former First Lady Kim Keon-hee, said that it had completed its request for the dispatch of 40 prosecutors. Requests were also made to agencies such as the Korea Exchange (2 personnel) and Korea Deposit Insurance Corporation (3 personnel). If approved, the team will be staffed with the maximum allowed number of prosecutors. The special counsel team conducting investigation into Kim is considering dividing the team into eight sub-teams, each handling two cases. Each sub-team is expected to consist of one senior prosecutor, four assistant prosecutors, and several investigators.

On the military side, the military prosecution additionally indicted former Defense Counterintelligence Command Chief Yeo In-hyung and former Defense Intelligence Command Chief Moon Sang-ho in military court and requested additional detention warrants. This move, in coordination with the special counsel team investigating Yoon’s alleged insurrection, is aimed at extending their detention periods as they near expiration.