The court has decided to film and publicly release the entire first hearing of former President Yoon Suk-yeol on charges of obstruction of official duties, scheduled for Sept. 26. This marks the first time a trial will be broadcast under the Special Prosecutor Act.
According to legal sources on Sept. 25, Seoul Central District Court’s Criminal Division 35 (Presiding Judge Baek Dae-hyun) partially approved a request from the special prosecutor investigating the insurrection, Cho Eun-seok, to broadcast the trial. The court will allow the first hearing on obstruction charges to be filmed from start to finish in Main Building Courtroom 417 at 10:15 a.m. on Sept. 26. The footage will undergo de-identification measures to protect personal information before being released online; it will not be a live broadcast.
However, the court rejected a request to broadcast Yoon’s bail hearing, which will also be held publicly on the same day. The court is expected to explain in court on Sept. 26 why the bail hearing broadcast was denied.
The decision follows Article 11 of the Special Prosecutor Act on Insurrection, which states that a trial judge must grant broadcasting permission unless there are special circumstances when requested by the special prosecutor or the defendant. Amendments to three special prosecutor laws, passed unilaterally by the Democratic Party on Sept. 11, would make first-instance trial broadcasts mandatory regardless of a special prosecutor’s request, but the amendments have not yet been promulgated and are not in effect.
The court also authorized media outlets to film the courtroom before the start of the hearing on Sept. 26. This follows the procedure used on Sept. 24 when former First Lady Kim Keon-hee was photographed sitting in the defendant’s seat before the trial began. After previously refusing to attend hearings and special prosecutor investigations following his re-arrest, Yoon has confirmed he will attend both the trial and the subsequent bail hearing on Sept. 26.
Yoon was re-arrested on July 10 after the special prosecutor investigating the insurrection requested an arrest warrant. On July 19, he was formally indicted by the special prosecutor for obstruction of official duties, abuse of authority, and falsification of official documents, among other charges, related to his alleged violation of ministers’ authority during the declaration of emergency martial law and the post hoc drafting and disposal of the declaration. Yoon’s legal team requested bail, citing health reasons and the need to ensure his ability to mount an effective defense. If granted, Yoon would be released, though legal experts believe his chances of being granted bail are low.
여근호기자 yeoroot@donga.com