
President Yoon Suk Yeol’s legal representatives called Tuesday for his impeachment to be thrown out over the exclusion of a charge for insurrection, while the National Assembly’s impeachment committee continued to defend the move.
The committee told the Constitutional Court Friday it would withdraw the insurrection charge from the grounds of impeachment so the justices can expedite the trial.
The trial should focus on constitutional violations, rather than delving into specific offenses under criminal law, it said.
Yoon’s legal representatives said in a statement that the changes meant the impeachment should be dismissed immediately.
“The withdrawal of the insurrection charge is not merely the removal of one of two charges, but constitutes the retraction of nearly 80 percent of the impeachment resolution’s content,” Yoon's legal team said.
According to Yoon’s team, the impeachment resolution is 40 pages long. Among 26 pages -- excluding a speech given by Yoon and his martial law decree -- 21 pages focus on issues related to martial law, the team said, arguing that the withdrawn content accounts for 80 percent of the resolution.
Accusing the National Assembly’s impeachment committee of “absurd and deceptive manipulation of language aimed at misleading the public,” the team argued that if insurrection under criminal law is not established, the impeachment is invalid.
In contrast, the National Assembly’s impeachment committee told reporters Tuesday they would maintain their position.
"The core of the impeachment grounds, as stated in the impeachment resolution, is (Yoon's) constitutional violations committed as the leader of an insurrection. Not a single word has been withdrawn or altered. We urge the court to fully assess these treasonous actions without omission."
The committee has been arguing that the series of actions surrounding the declaration of martial law, or the factual circumstances, would still be examined in the impeachment trial.
"We have structured the case to focus on constitutional violations, in line with the nature of the impeachment trial. ... This is not a trial to determine whether the actions constitute a specific crime," lawyer Jang Sun-wook from LKB & Partners, one of legal representatives for National Assembly's impeachment committee, said in a press briefing held in Seoul on Tuesday.
Jang further argued that during former President Park Geun-hye's impeachment trial, the court also refrained from assessing the validity of criminal charges under the Penal Code, instead, focusing solely on constitutional violations.
He also dismissed the claim by Yoon's legal team that the impeachment grounds require a new resolution due to changes.
"There is no need for that," he said.
Meanwhile, the Constitutional Court of Korea said Tuesday it would not consider disputes happening outside the courtoom, and would continue to “uphold the constitutional order.”
“Creating new constitutional disputes over Constitutional Court decisions does not align with the will of the sovereign people. We will move forward with our focus solely on the people,” the court’s press officer Lee Jin told reporters.
Asked about continued statements from the ruling party questioning the fairness of the impeachment trial, Lee said, "The Constitutional Court was established to safeguard the constitutional order."
The court has completed two preparatory hearings and plans to hold hearings twice a week, every Tuesday and Thursday, from Jan. 14. The justices will review arguments and responses from both sides and examine opinions submitted and witness selection.
If Yoon intends to appear in person at the first hearing on Jan. 14, it is likely the court will discuss security measures with the Presidential Security Service this week. Though Yoon has been suspended from his presidential duties since Dec. 14, his security and protocol services remain unchanged.