Former Defense Minister Kim Yong-hyun Refuses to Testify on Charges of Rebellion... "Prosecutor's Investigation is a Political Act"

Former Defense Minister Kim Yong-hyun Investigated by Prosecutors on 14th
Legal Team "Exercise Right to Remain Silent"

President Yoon Suk-yeol and former Minister of National Defense Kim Yong-hyun are having a conversation. Photo by Yonhap News

The legal team of former Minister of National Defense Kim Yong-hyun, who was detained on charges including insurrection, announced on the 14th that they will exercise the right to remain silent ahead of his scheduled interrogation by the prosecution. As obtaining Kim's testimony regarding his unilateral consultation with President Yoon Seok-yeol about the declaration of martial law faces obstacles, the investigation into President Yoon may also be delayed.

Kim's legal team stated on the same day, "The prosecution's investigation is itself a political act, and assisting illegal investigations is tantamount to aiding the investigative agency's insurrection," adding, "We clearly express our intention to refuse to testify."

They further claimed that the prosecution is conducting illegal investigations by obstructing meetings with defense attorneys and insisted that the unconstitutional insurrection acts of the investigative agency will be revealed through trial, demanding the cancellation of Kim's detention.

The Special Investigation Headquarters for Martial Law (Headed by Park Se-hyun, Chief Prosecutor of the Seoul High Prosecutors' Office) reportedly notified the detained Kim to appear for questioning by 2 p.m. on the same day.

Kim plans to attend the interrogation with his lawyer but will refuse to provide testimony. He holds the position that the declaration of martial law is an act of presidential governance and thus not subject to investigation.

Refusal to testify during the investigation phase is regarded as an expression of non-cooperation, indicating that the accused does not admit the charges. The issues are then contested during the trial phase.

Under these circumstances, there is a high possibility that the pace of the investigation into President Yoon and the establishment of charges will be delayed. If the prosecution fails to obtain testimony from Kim, the 'key man' in the insurrection case, the investigation into President Yoon will inevitably face difficulties. Kim is the individual who consulted solely with President Yoon on major matters related to martial law, making his testimony crucial in the investigation of President Yoon.

The prosecution is expected to continue efforts to secure Kim's testimony while proceeding with the investigation of President Yoon based on testimonies from other key figures and various pieces of evidence.