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Constitutional Court to move ahead with impeachment trial for President Yoon, despite refusal to receive court papers

헌재 서류 또 거부한 윤대통령… 헌재, 19일 송달, 20일 받은것으로 간주

The Constitutional Court says it will deem its legal documents delivered to the president following multiple rejections by his security team to accept the papers on his behalf.
Oh Soo-young has our top story.

The Constitutional Court has decided to move ahead with impeachment trial proceedings for President Yoon Suk Yeol, as the leader has not accepted nor responded to court documents sent to him over the past week.
On Monday, the Court announced that it would consider December 19th as the date that it sent official documents to Yoon's residence, adding the seven-day deadline for his response would have been effective from the 20th, upon the deemed delivery.
The Court also plans to proceed as planned with the first preparatory hearing on Friday, to gather and review materials and arguments from Yoon and the National Assembly, which voted to remove him from office, over his imposition of martial law.
Around seven documents were sent including the notice of receipt, a request for Yoon's response, the impeachment resolution, as well as the notification, attendance request, and the order for preparation.

"The effectiveness of delivery is established when the legal documents reach the designated place, as per Supreme Court Precedent 9853. Therefore, the effectiveness remains valid even if the documents are not actually received."

After being suspended from his duties, the leader is believed to be remaining at his residence.
However, he has so far turned away at least eleven attempts to deliver court papers.
Guards at his residence have reportedly refused to take the mail on Yoon's behalf, and his office returned the post, saying he was unavailable.
This marks the first time in South Korea’s constitutional history that a President facing impeachment has not accepted documents from the court.
In contrast, former President Roh Moo-hyun received impeachment papers the day after the National Assembly's vote in 2004, and former President Park Geun-hye received them on the same day of her impeachment in 2016.

"While the court will continue with the proceedings as planned, it's unclear whether Yoon will respond within the seven-day deadline effective from the day of receiving the documents. As of Monday, court officials say there has been no response from the President."

It's unlikely that Yoon himself would attend the first preparatory trial.
Meanwhile, the National Assembly seems close to finalising a legal team ahead of Friday's hearing.
However, there are concerns the trial could face delays deliberately or otherwise if President Yoon’s side fails to appoint legal representatives, refuses to attend, or claims more time is needed to review the documents.
As of now, Yoon has not fully formed his legal team.
Oh Soo-young, Arirang News.

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2024-12-23, 17:00 (KST)