Former President Yoon Suk-yeol's conviction for obstructing justice upheld; defense vows appeal

South Korea's Supreme Court has affirmed the guilty verdict against former President Yoon Suk-yeol for charges including obstructing official duties and abuse of power. The top court confirmed the seven-year prison sentence handed down by the appellate court, marking a significant legal conclusion to a case that has been closely watched. Yoon was accused of using his authority to impede justice during a critical period.

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The Supreme Court's decision to dismiss the appeal, made in a rushed manner akin to a perfunctory review rather than a full deliberation, is tantamount to abandoning its function as the highest court of justice and represents the politicization of the judiciary.

Following the Supreme Court's decision, Yoon's legal team immediately declared their intention to pursue a constitutional appeal. They argued that the Supreme Court's decision was made too hastily, likening it to a "perfunctory review" that bypassed a full en banc hearing. The defense contends that this rushed process amounted to a "politicization of the judiciary" and a serious violation of Yoon's fundamental right to a fair trial. They plan to challenge the ruling's constitutionality through constitutional complaint procedures.

The charges against Yoon stem from events surrounding a controversial period involving alleged plans for martial law. He was indicted for allegedly mobilizing the Presidential Security Service to block the execution of an arrest warrant issued by the Corruption Investigation Office for High-ranking Officials (CIO). Additionally, he was accused of infringing upon the martial law deliberation rights of State Council members by convening a State Council meeting with only a few members present to create the appearance of compliance. Further charges included fabricating and later destroying a false martial law proclamation after its rescission, and ordering a subordinate to issue false information regarding martial law.

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This constitutes a serious violation of the defendant's (Yoon Suk-yeol's) right to a fair trial.

The Supreme Court, in its ruling, stated that the lower courts' judgments did not violate the principles of logic or empirical rules, nor did they misinterpret the law regarding the elements of the crimes. This decision represents the first Supreme Court ruling on the case related to the alleged emergency martial law declaration in December 2022. The initial trial resulted in a five-year sentence, which was increased to seven years on appeal.

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The defense team intends to challenge the unconstitutionality of this ruling through constitutional appeal procedures to protect the fundamental rights guaranteed by the Constitution.