President Yoon Suk-yeol and former Defense Minister Kim Yong-hyun appeared side by side at Yoon’s impeachment trial at the Constitutional Court on January 23. The two contradicted themselves by claiming that Yoon’s declaration of martial law on December 3 last year was only a “warning” and that it was only a symbolic declaration with no possibility of implementation, but admitted that they had prepared reserves for a post-martial law scenario and set up an emergency legislative body.

The Constitutional Court held the fourth hearing of Yoon’s impeachment trial on the same day, and conducted witness interrogation against former Minister Kim. In his defense, Yoon emphasized that the declaration of martial law was a warning. Yoon took the floor to state his position and question Kim. He said that the reason for declaring martial law was “not only to warn the opposition, but also to appeal to the people, who are sovereign, to strictly monitor and criticize (the opposition).”

Yoon asked Kim about the process of receiving and discussing the draft martial law decree with the former defense minister. “Didn't you say to me, 'Let's just leave it,' because (the content of the decree) was not specific and unenforceable?” Yoon asked. It means that they “skimmed through” the decree as it was for warning. Kim replied, “Normally, the president would look up law books (when he receives a report), but he didn't do so at that time.”

Kim also told a different story about the directive to “secure reserves for an emergency legislative body” that he allegedly delivered to Deputy Prime Minister Choi Sang-mok. Kim said he wrote it himself after seeing a copy of the document presented to the court, and delivered it to Choi through a working-level official. The prosecution, on the other hand, wrote in the indictment against Kim that it was Yoon who prepared the document and delivered it to Choi.

When asked by Yoon's lawyer, “Is it true that you did not order Kwak Jong-geun, the chief of the Army Special Warfare Command, to take out lawmakers from the National Assembly, but to remove agents?” Kim replied, “Yes. It was not lawmakers who were ordered to be removed, but agents of Special Forces.