On May 13, Yoon's legal team announced in a statement to reporters that they had submitted a recusal request to the Seoul High Court concerning the three judges of the 12-1 Criminal Division.
The panel includes judges Lee Seung-cheol, Jo Jin-goo, and Kim Min-ah, who are set to preside over Yoon's appeal regarding charges of being a rebellion leader.
A recusal request is a legal procedure under criminal law that allows either the prosecution or the defense to seek the exclusion of a judge if there is a concern about unfairness in the trial. Yoon's team argued that they cannot expect a fair trial from judges who have publicly expressed a presumption of guilt.
Previously, on May 7, the 12-1 Criminal Division sentenced former Prime Minister Han Duck-soo to 15 years in prison for his involvement in rebellion-related duties.
Yoon's lawyers claimed that during Han's appeal, the judges revealed a presumption of guilt regarding Yoon's charges, which they argue constitutes grounds for recusal due to the potential for an unfair trial.
They specifically noted that the judges used concrete expressions acknowledging Yoon's alleged involvement in Han's case, which they believe prejudiced the outcome of the trial.
Furthermore, they pointed out that some media outlets reported after Han's sentencing that a guilty verdict for Yoon's rebellion charges was likely, stating that concerns about an unfair trial are reasonable from an average person's perspective.
Yoon is scheduled for the first hearing in his appeal on May 14. He was convicted of inciting a rebellion aimed at undermining the constitution by conspiring with former Defense Minister Kim Yong-hyun to declare a state of emergency on December 3.
The trial will also include seven military and police leaders charged with involvement in the rebellion alongside Yoon and Kim.
* This article has been translated by AI.
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