Court again rejects extension of President Yoon's detention… Yoon's side: "Must release him immediately"

Naver is the source of this computer translated excerpt below. The original publication is Segae Ilbo, 1.25.2025

...The prosecution reapplied for an extension of the detention period around 2:00 AM that day after Judge Kim Seok-beom, the chief judge in charge of warrants at the Seoul Central District Court, denied the extension of President Yoon's detention period the previous day.

However, Judge Choi Min-hye, the judge on duty that day and the sole judge of the 26th Criminal Division, also ruled that there was no need or validity to extend the detention period. The court had previously denied the extension, stating that "it is difficult to see any reasonable grounds for the prosecution to continue the investigation in a case where the High-ranking Officials' Corruption Investigation Office prosecutor investigated the case and sent it to the prosecutor of the Public Prosecutors' Office with a request for indictment attached."

As the extension of the detention was not granted, the prosecution is expected to indict and detain President Yoon by the 26th at the latest. The prosecution estimates that the initial detention period for President Yoon will be around the 27th. Since the court denied the extension application, if no indictment is made within this period, President Yoon will be released.

I've watched a fair amount of the Constitutional Court video, both live and outtakes of key exchanges in the courtroom. The presentation of the former defense minister being questioned by the Court and also the respondent Yoon Seok-yeol was an insult to legal process. First of all, both Yoon and the former defense minister, central figures in the unlawful martial law/ coup d'etat plot, have not subjected themselves to cross examination after their misleading conduct on direct. Yoon is basically using leading questions to testify, and then have the former general, who also served Yoon directly as the commander of the presidential security service for over two years before his August 24, 2024 appointment as Defense Minister, say things like yes, that is how it happened, and "yes, I remember you saying that."

The former defense minister refused cross examination after testifying extensively on direct. Yoon asked lengthy leading questions, with no foundation in the record, outside of Yoon's own question, or arguments he had previously made in court, to lead or coach Kim along to bolster his preposterous defense. I believe from what I have seen that Yoon also did the same, he answered some questions by the court as far his argument went, as he is "representing himself," but I don't think apart from statements, that he has waived his right not to testify and therefore not to be subject to cross examination. Yoon has completely refused to make any statement in the parallel criminal investigation for the crime of insurrection which is a capital offense.

I think the thing I appreciate the most about the transparency of the CC proceedings, is that Yoon's technique, sophistry, lies, politicizing the case with ad hominem attacks on the opposition (state enemies, fraudulently elected, etc.) is clearly displayed in full public view. It is ironic that the investigation warrant to detain Yoon will expire in the next day or so, Korea time, because the criminal case jurisdiction lies in the Seoul Central District Prosecutors Office, and the Central District Court, so that his warrant won't be extended, at least for the time being, unless an indictment is filed by the prosecutors office this weekend. This will give the Central District prosecutors the opportunity to request a pre-trial detention warrant. I'll be impressed if they can get all this done this weekend.

The Yoon supporters, the PPP, the crazy Christian fundies who attacked police, invaded and destroyed the Western District Court building for issuing the warrant for Yoon during the CIO investigation, think they have the upper hand, because the oppositions impeachment of Lee Jin-sook, nominated for KCC chair by Yoon's office recently was dismissed by the Constitutional Court in a 4-4 vote along political lines. So Yoon's defense team's confidence of a favorable decision is increased. The National Assembly (the petitioner) moved for the ninth justice already approved by the Assembly in an agreement between both parties to fill three vacancies was blocked by the acting president. Appointing a ninth justice will reduce the gamesmanship surrounding the CC impeachment process by the defense. I heard one CC justice ask Yoon's defense, showing the agreement submitted by the Speaker of the National Assembly, "in what way, is this not an agreement between the parties (in the National Assembly)? ....crickets.

I thought this editorial in a progressive online publication on the shoddy nature of Yoon's impeachment defense was worth posting:

[Editorial] Such a vile traitor

Voice of the People 1.24.2025 (computer translated excerpt)

The impeachment trial of President Yoon Seok-yeol held at the Constitutional Court on the 23rd was a low-level comedy. President Yoon Seok-yeol and former Minister of National Defense Kim Yong-hyun, the main culprits of the internal rebellion, were only focused on trampling on the Constitution and mocking the people. Their attitude of distorting the truth and avoiding responsibility in court was the height of meanness.

Former Minister Kim Yong-hyun defended President Yoon with the sophistry that “martial law is a warning to anti-state forces,” and President Yoon also supported this, saying that “it is to appeal to the sovereign people.” Those who mobilized the military to trample on democracy tried to justify their crimes with the absurd logic of “national enlightenment.” The entire nation was shocked by the shameless attitude of calling martial law “enlightenment.”

...

Former Minister Kim overturned the testimony of the former Special Warfare Commander and made absurd claims, saying, “I told them to take out the agents, not the lawmakers.” It is disgusting that he is making sophistry despite the fact that the president’s order to “break the door with an axe and take them all out” has already been revealed.

President Yoon made excuses such as “martial law was done knowing that the military would not follow” in order to dilute the fact that he led the rebellion. He also passed the responsibility for drafting the document for the establishment of the emergency legislative body to his subordinates, claiming that he did not review it. However, according to the testimony of the Minister of Strategy and Finance at the time, it is clear that the president personally received a report on the document and instructed them to “take note of it.”

The argument is being made by pro-democratic pundits that regardless of political affiliation, it's a stretch to believe that the required 6 votes for impeachment won't be achieved. Some think it will be unanimous. But there is enough concern about the possibility of three votes against impeachment regardless of the embarrassing record in the proceedings, that the motion for the 9th vacancy appointment had to be made.