Court rejects Yoon’s constitutional challenge bid

Jan 20, 2026, 08:16 am

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Seoul Central District Court. / Photo by Park Sung-il

A South Korean court has rejected and dismissed parts of a request by the legal team of former president Yoon Suk Yeol to refer the “insurrection special counsel law” for constitutional review.

On Jan. 16, the Criminal Division 35 of the Seoul Central District Court ruled to reject or dismiss the petition seeking a constitutional referral to the Constitutional Court of Korea. A constitutional referral allows a defendant or litigant to ask whether a law applied to their case is unconstitutional; if referred, the trial would be suspended pending a ruling.

The court rejected challenges to provisions defining the scope of the special counsel’s investigation (Article 2(1)), the appointment process (Article 3), the broadcasting of insurrection trials (Article 11(4), (5), and (7)), and sentence reductions for key witnesses (Article 25). Addressing claims that the investigation scope was vague, the panel said that “any person with sound common sense and ordinary legal judgment can sufficiently recognize the investigation targets and prohibited acts.” On appointments, it added that decisions such as who recommends candidates fall within the National Assembly’s broad discretion.

Regarding trial broadcasts, the court said that even if some risk of side effects exists, it is difficult to see any direct obstruction to proceedings or to the defendant’s right to defense. It emphasized the public interest, calling the measures “minimum infringement” to realize the public’s right to know and the principle of open trials.

On the plea-bargaining-style provision allowing sentence reductions for crucial testimony, the court said the aim is to “expedite and facilitate investigations, ensure timely indictments and punishment, and prevent additional crimes.”

The panel dismissed challenges to provisions allowing access to presidential records during the special counsel’s duties (Article 6(4)) and requiring public briefings (Article 13), citing procedural inadmissibility. A dismissal ends the case without reviewing the merits.

Yoon’s legal team filed the request last September, arguing that the law violates constitutional principles of due process and clarity, thereby infringing the right to a fair trial.

#Yoon Suk Yeol #insurrection special counsel law #constitutional review request #Seoul Central District Court #Constitutional Court of Korea