Former President Yoon Seok-yeol filed a request for the recusal of the appeals court panel a day before the first trial of his appeal in relation to charges of leading a rebellion. Yoon’s legal team objected to the fact that the appeals court had previously convicted former Prime Minister Han Deok-su of engaging in significant duties related to insurrection, while also acknowledging charges against Yoon in its ruling.
On the 13th, Yoon’s defense team announced, “We have filed a recusal request against the three judges of the Seoul High Court’s 12-1 Criminal Division.” Either the defendant or the prosecutor can request recusal if a judge is deemed likely to conduct an unfair trial. The said court has set the first trial date for the appeal concerning Yoon’s charge of leading a rebellion for the 14th.
Yoon’s legal team cited that the judges based their ruling in Han’s appeal trial on the assumption that Yoon’s charges were factual, during the ruling that acknowledged Han’s charges.
They argued, “The part where the appeals judges recognized Yoon’s charges as fact is something that was intensely contested from the first trial, and will be a core issue in the appeal.” They claimed that the judges already formed a prejudiced opinion based on distorted perceptions even before the appeal trial began.
Furthermore, Yoon’s team argued, “The responsible judges could have chosen to merge the cases or issue simultaneous judgments to avoid contradictions in the verdicts and to guarantee defense rights, but they did not.” They asserted that it is impossible to expect a fair trial from judges who have publicly declared their prejudices and presumptions of guilt.
Previously, the Seoul High Court’s Criminal Division 12-1, presided by Judge Lee Seung-chul, acknowledged former Prime Minister Han’s involvement in significant duties related to rebellion and also recognized Yoon’s emergency martial law declaration as an act of rebellion.
If the court determines that the recusal request is clearly intended to delay the trial, it can dismiss it outright. If not, typically, another panel from the same court reviews the request and makes a decision. Until the result is determined, the main trial is halted. If the recusal request is denied, Yoon can further pursue immediate objection and re-objection.