Former President Yoon Suk Yeol’s legal team has urged the court to proceed with caution, saying in its final argument that Yoon had the authority to declare martial law on December 3, 2024, and citing the suspension of President Lee Jae Myung’s election law violation trial as a case where the courts protected a president’s power.

Lawyer Bae Bo-yoon drew the comparison on Tuesday during the final hearing in Yoon’s trial as he stands accused of leading an insurrection by putting the country under martial law.

Bae recalled that after the Supreme Court overturned a not guilty verdict for Lee, the appellate court postponed the retrial based on Article 84 of the Constitution, which stipulates that no president can be charged with a criminal offense while in office except for insurrection or treason.

The lawyer said if the court finds Yoon guilty, it should also begin Lee’s retrial.

Bae also repeated his team’s earlier argument that Yoon’s decision to declare martial law in a national emergency situation is not subject to judicial review since it would be difficult to say that Yoon’s intent was to subvert the Constitution.