section_path: Constitutional Court trial/Proceedings/January
section_name: January
paragraph_text: January
  
  During the 3 January hearing, Yoon's defense team defended the declaration of martial law as a "national emergency situation" and said that its brief duration "did not restrict the people's basic rights". It also said Yoon had immunity from prosecution, citing the Supreme Court of the United States 's 2024 ruling in Trump v. United States. They also alleged media bias against Yoon but were reprimanded by Justice Cheong Hyung-sik. Meanwhile, the prosecution accused defense lawyers of distorting the nature of the trial and insulting the justices.
  
  Oral arguments for the trial began on 14 January, with another session on 16 January in the event that Yoon fails to appear. A total of five sessions would be held until 4 February, including on 21 and 23 January. On 12 January, Yoon's lawyer said that his client would not attend the 14 January hearing, citing safety concerns and the possibility of him being apprehended by investigators seeking to execute an arrest warrant against him on his way to court. On 13 January, Yoon's lawyers requested the exclusion of Justice Chung Kyesun from hearing the case, accusing her of progressive leanings and showing her "prediction" for the trials during her confirmation by the National Assembly in December 2024. It also called for the first day of the trial to be moved from 14 January, saying that the impeachment of acting president Han Duck-soo needed to be heard first.
  
  The 14 January hearing lasted four minutes before being adjourned due to Yoon's absence. During the session, the court also dismissed the defense's request to exclude Justice Chung Kyesun from hearing the case. It also rejected Yoon's objection to the designated dates for hearings, saying the scheduling followed laws and regulations governing the Constitutional Court, not a criminal court. The impeachment team called as its witnesses Hong Jang-won, the first deputy director of the National Intelligence Service; Cho Ji-ho, commissioner of the National Police Agency; Kwak Jong-geun, commander of the Republic of Korea Army Special Warfare Command; Lee Jin-woo, commander of the Capital Defense Command; and Yeo In-hyung, chief of the Defense Counterintelligence Command.
  
  At the 16 January hearing, the court added additional hearing dates scheduled for 6, 11, and 13 February. It also called for additional witnesses, including former defense minister Kim Yong-hyun and police commissioner Cho Ji-ho, to testify. The court decided to admit surveillance footage from the National Assembly, the National Election Commission (NEC), and the official residence of the National Assembly speaker as evidence and announced plans to fact-check Yoon's claims of electoral fraud. During the hearing, Yoon's defense team formally presented its position on the issues, while the plaintiff outlined its arguments for impeachment. Yoon did not attend the hearing in person. His request to reschedule the hearing due to his arrest the previous day was rejected by the court.
  
  In the 21 January hearing, Yoon made his first physical appearance for his impeachment. He denied allegations that he had ordered the military to forcibly remove lawmakers from the National Assembly. Yoon stated that the soldiers deployed to the legislature were not intended to suspend the National Assembly or obstruct its efforts to lift martial law, acknowledging that such actions would have caused a crisis.
  
  On 22 January, acting president Choi Sang-mok ordered a 24-hour police presence at the Constitutional Court and other courts nationwide following the 2025 Seoul Western District Court riot and other incidents of political tension related to Yoon's impeachment.
  
  On 23 January, Yoon appeared at the impeachment trial again, with Kim Yong-hyun present as a witness. Kim denied allegations that Yoon had ordered the military to storm the National Assembly to prevent lawmakers from convening and passing a resolution nullifying martial law. However, he admitted to recommending declaring martial law to Yoon and to writing a note to Finance Minister Choi Sang-mok, instructing the establishment of an emergency legislative body during martial law. Alongside Yoon, Kim was also accused of ordering lawmakers to be dragged out of the parliament, to which Kim responded with; "The situation was very chaotic, I thought someone might get crushed to death. So I said to pull them out for now to reduce the risk of serious harm. That’s what I meant." Yoon defended his declaration of martial law, asserting that it did not fail but acknowledging that it ended "sooner than expected".