Kim Yonghyun's First Preparatory Hearing Scheduled for the 16th
Defense Claims "Prosecutor Cannot Judge Martial Law Authority"
At a press conference held on the 10th in Seocho-gu, Seoul, the lawyer representing former Minister of National Defense Kim Yong-hyun, who was arrested and indicted on charges of leading the December 3 emergency martial law incident, referred to Kim's indictment, stating, "Martial law is an exclusive domain of the president's sovereign authority, and the prosecutor cannot make judgments on behalf of the president," and argued, "Is the prosecutor interfering in the president's sovereign acts?"
At the conference, Kim's lawyer repeatedly refuted the charges brought by the Special Investigation Headquarters for Emergency Martial Law, saying, "The prosecutor's judgment is not lawful," "Is the prosecutor judging the sovereign authority on behalf of the president?" "This is a political act forgetting the prosecutor's role and duty," and "The indictment is absurd."
Attorney Lee Ha-sang, defending former Minister Kim, repeatedly emphasized that the prosecutor's claim that the declaration of martial law was illegal was actually a "sovereign act." Lee said, "The president, as an elected authority, takes direct political responsibility and judges by himself whether the conditions for declaring martial law are met." He added, "For the prosecutor to make this judgment undermines the separation of powers and constitutes interference in the president's sovereign acts." He argued, "The people can evaluate the president's act of declaring martial law, but they cannot judge the president's decision," and said, "This is the image of prosecutors and judges interfering in political acts."
Lee also stated, "Such (prosecutorial actions) are connected to the trial procedures of former Minister Kim," and said, "We strongly condemn and will fight against the illegal issuance of an arrest warrant against the president." He emphasized, "Former Minister Kim's actions were lawful exercises of official authority, and preparations for martial law affairs were routine duties of the Ministry of National Defense; labeling this as conspiracy to commit rebellion is grounds for dismissal of the indictment."
Meanwhile, the preparatory hearing for former Minister Kim is scheduled to be held on the 16th at the Seoul Central District Court. The prosecution alleges that former Minister Kim conspired with President Yoon Seok-yeol and others to cause national disorder by declaring martial law and obstructed the National Assembly's resolution to lift the emergency martial law. Former Minister Kim denies the charges, arguing that his actions were based solely on the president's exclusive sovereign acts, and has filed a quasi-appeal with the court against the prosecution's decisions to prohibit contact with ordinary people and to seize his mobile phone.
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