South Korean President Yoon Suk-yeol directly questioned on Jan 23 former defense minister Kim Yong-hyun in the fourth hearing at the Constitutional Court, with the latter refuting allegations related to Yoon’s declaration of martial law on Dec 3.

Attired in a navy suit and red tie, the same outfit when he first attended the impeachment trial on Jan 21, Yoon attended in person for the second time, which also saw the cross-examination of the first witness, according to Yonhap News Agency.

Questioned for two and half hours, Kim said he was the one who wrote a note to then-finance minister Choi Sang-mok, currently acting president, to ask him to draft a budget for an emergency legislative body.

READ MORE: Prosecutors asked to indict Yoon for abuse of power, insurrection

As a key piece of evidence related to the insurrection charges, Yoon is accused of handling the note to Choi when martial law was declared. The martial law move, which plunged the country into political chaos, lasted just six hours before lawmakers voted it down.

Regarding the deployment of troops to the National Assembly, Kim said Yoon only ordered “a small number” of troops against his advice to mobilize up to 60,000.

He also said Yoon’s purpose in mobilizing the troops to the National Assembly building was not to stop lawmakers from voting down the decree.

His intention was to “watch closely for people approaching to disrupt the maintenance of order and allow selective entry,” Kim was quoted as saying by Yonhap.

Kim was also questioned by the legal representatives from the National Assembly, who are serving as the prosecutors in the trial.

Kim originally refused to be questioned by the National Assembly lawyers but later reversed his attitude after being warned by the court that refusing to testify could affect the judgment of credibility.

He also said he drafted the martial law proclamation, which included a ban on all political activities, based on past martial law document, and that Yoon did not read it carefully.

Kim was chosen by Yoon’s lawyer as a witness for the trial. He was arrested on Dec 8 over his alleged role in the martial law incident and attempted suicide on Dec 10.

During the hearing, Yoon said the martial law declaration was not a failure because he had always planned to end it quickly.

“It ended a little earlier than expected,” said Yoon, adding that he immediately ordered to withdraw the troops after the National Assembly’s voted against it.

Yoon also said the mobilization of troops was legal.

The Constitutional Court received the case on Dec 14 after the National Assembly passed the impeachment motion against Yoon. It has up to 180 days to decide whether to remove Yoon from office or to reinstate him.

“The former defense minister Kim Yong-hyun made it clear that he is basically taking the side of President Yoon,” said Joung W Hwang, a United Stated-licensed lawyer based in Seoul. “But I think overall, it will have a very low impact on how the court will review the issue.”

Yoon’s lawyers “are not making that many credible arguments in court and it almost seems like they are addressing directly to Yoon’s supporters,” said Hwang. “(It) seems that they are more interested in changing the political wind in South Korea.”

Hwang told China Daily he expects Yoon’s legal team to keep delaying things as much as possible in the hope that the political fortune will change. This includes how he will deal with the investigation to be carried out by government prosecutors.

Before the hearing, the Corruption Investigation Office for High-Ranking Officials (CIO) said it has transferred Yoon’s martial law case to prosecutors for indictment on charges of leading an insurrection and abuse of power. The CIO does not have indictment powers against a president.

READ MORE: S. Korea's Choi orders probe into Yoon supporters' court violence

The prosecution said it will immediately start investigation. It was expected to indict Yoon around Feb 5.

Questions have been raised on whether Yoon will cooperate with the prosecution’s investigation because he only accepted the CIO’s questioning when he was first arrested on Jan 15 despite remaining silent. After that, he defied their summons.

The next hearing will be held on Feb 4. The witnesses to be called include Army Capital Defense Commander Lee Jin-woo, Defense Counterintelligence Commander Yeo In-hyung and former National Intelligence Service vice director Hong Jang-won.

Contact the writer at kelly@chinadailyapac.com