Yoon’s Side Files Constitutional Complaint Against Special Counsel Act on Insurrection’s ‘Trial Broadcasting and Plea Bargaining’ Clauses... 'Violation of Right to a Fair Trial'

[Financial News] The legal team representing former President Yoon Suk Yeol has filed a constitutional complaint, arguing that the mandatory trial broadcasting and plea bargaining clauses stipulated in the Special Counsel Act on Insurrection infringe upon constitutional rights.
According to legal sources on the 30th, Yoon’s legal team submitted a constitutional complaint to the Constitutional Court of Korea on the 24th, requesting a review of the constitutionality of Articles 11 (Paragraphs 4 and 7) and 25 of the Special Counsel Act on Insurrection. They claim these provisions violate the right to a fair trial under Article 27 of the Constitution, the general right to personality under Article 10, and the right to informational self-determination under Articles 10 and 17.
The contested Article 11, Paragraphs 4 and 7 of the Special Counsel Act on Insurrection require mandatory broadcasting of the first-instance trial for cases under special counsel investigation. However, the presiding judge may decide not to broadcast all or part of the trial if there are concerns about national security or public order. The revised law, enacted in September, also stipulates that even if personal information, private matters, or state secrets are included during the broadcast, no additional de-identification measures are necessary.
Another key issue, Article 25, allows for the reduction or exemption of sentences for individuals involved in cases under special counsel investigation if they voluntarily surrender, disclose information about accomplices, or provide significant testimony or evidence during investigation or trial.
Previously, in October, Yoon’s legal team also requested a Request for Adjudication on Constitutionality of Law regarding the same provisions, submitting the request to the court handling the insurrection ringleader case. This procedure allows the court to ask the Constitutional Court of Korea to determine the constitutionality of a law if it may affect the trial outcome. If accepted, the trial is suspended until the court’s decision.
This constitutional complaint challenges the law’s constitutionality itself, regardless of trial proceedings. Yoon’s legal team is pursuing both the request for constitutional review and the constitutional complaint in parallel.
scottchoi15@fnnews.com Choi Eun-sol Reporter