South Korea's Constitutional Court Refers Petition Challenging Insurrection Tribunal Law to Full Bench

South Korea's Constitutional Court referred a petition by former President Yoon Suk Yeol to its full nine-member bench for formal review on Tuesday, judicial officials stated. The petition challenges a law establishing a dedicated tribunal for insurrection charges, which Yoon filed on March 31. The law passed the National Assembly in December and took effect the following month.

In accordance with the law, the Seoul High Court designated two divisions as specialized benches for insurrection cases related to Yoon's failed attempt to impose martial law in 2024. Yoon claimed the insurrection tribunal law infringes upon the right to a fair trial and the right to equality by imposing disadvantageous procedures different from general criminal procedures.

Yoon's lawyers stated that the law constitutes a serious limitation on the principle of the presumption of innocence for the state to design the structure of specific criminal trials, reinforce social stigma unfavorable to the defendant and transform the trial into a forum of public opinion to influence the judge's decision and the defendant's right of defense.

Yoon also filed a separate complaint against a law mandating a special counsel probe into his insurrection charges. That separate complaint was referred for formal review at the Constitutional Court earlier this week. The constitutional petition was filed against the insurrection tribunal law, with the referral to formal review occurring on Tuesday, as per judicial officials.

The court's decision to involve the full bench underscores the case's significance, drawing from Yoon's claims of procedural disadvantages. These developments follow the law's implementation, which has already led to the designation of specialized court divisions in Seoul. Yoon's challenges highlight tensions over trial fairness in high-profile insurrection cases stemming from the 2024 events.