Friday’s hearing can be held without Yoon’s or his lawyers’ attendance: court justice

The Constitutional Court of South Korea said Tuesday that it could proceed with the preparatory hearing for President Yoon Suk Yeol’s impeachment trial set for Friday, even if Yoon or his legal representative fail to attend.

The court’s justice Kim Hyeong-du, one of six justices tasked with either upholding or overturning Yoon’s impeachment before June 10, told reporters that the absence of Yoon or his lawyers would not necessarily be a roadblock in the hearing.

“While the presiding justice will decide on the matter, the law states that proceedings should end (under the circumstances such as the absence of legal representation), but it also allows the hearings to continue if deemed reasonable,” he said.

Regarding claims made by Yoon’s confidant on Monday that the court’s procedures are progressing “too quickly,” Kim said it was his “first time hearing such concerns,” adding that “it’s not a matter for us to deliberate on.”

While Tuesday was the due date for Yoon to submit documents related to the Dec. 3 martial law declaration, such as Cabinet meeting minutes, the court’s press officer Lee Jin said it had not received any documents from Yoon’s side.

“(Regardless of the response from Yoon’s side) there is no change in terms of a preparatory hearing set for Friday,” Lee said, adding that “justices will make the necessary decisions.”

She added that justices decided to hold an additional meeting Thursday to deliberate the process.

A day earlier, Yoon’s confidant and lawyer Seok Dong-hyeon who is working on forming a line of legal representatives for the president’s trial, dismissed criticisms that he has been dragging out the trial procedures by not complying with the court’s orders. He said forming their representation made it difficult for them to attend the preparatory hearing.

The preparatory hearing set for Friday is the first step of the impeachment trial with each side identifying key issues, organizing evidence and planning witness examinations.

While Seok stressed that Yoon is currently prioritizing defending himself in court, Yoon doesn't need to appear in person, as impeachment trials are typically conducted through legal representatives such as attorneys rather than the direct participation of the accused official.

However, the presence of legal representatives is essential, as they handle procedural matters, present arguments and respond to evidence.

On Monday, the court’s press officer Lee Jin told reporters that the six justices had decided to consider Yoon as having received the written requests on Dec. 20, regardless of acceptance or rejection.

In a potential play to delay court proceedings, Yoon has refused to receive the court’s three trial-related documents since Dec. 16.

Based on Article 187 of the Civil Procedure Act and Article 61 Clause 2 of the Criminal Procedure Act, the written requests can be considered "received" when the documents arrive at the recipient’s address.