"Do Not Send Prosecution Investigation Records to the Constitutional Court," Kim Yonghyun's Request Dismissed by Court

Court: "Applicant Lacks Standing"... No Ruling on Suspension Request
Kim's Side Files Immediate Appeal

The court dismissed the suspension of execution application filed by former Minister of National Defense Kim Yong-hyun, who was indicted on charges of engaging in important duties related to internal affairs, requesting to stop sending investigation records to the Constitutional Court. Kim's side immediately appealed the decision.

On the 21st, the Seoul Administrative Court (Presiding Judge Choi Soo-jin) dismissed the suspension of execution application filed by former Minister Kim against the Seoul Central District Prosecutors' Office regarding the order to send investigation records. Kim's side argued that the act of sending investigation records to the Constitutional Court on the 10th was illegal without legal basis, filed a lawsuit to cancel the transmission against the Central District Prosecutors' Office, and applied for suspension of execution.

They requested that the investigation records not be sent to the Constitutional Court, where the impeachment trial of President Yoon Suk-yeol is ongoing, but the court ended the case without hearing. Dismissal means a decision that concludes the case without proceeding to a hearing if the lawsuit or claim is inappropriate or lacks requirements.

The court explained, "Within the procedure of the presidential impeachment trial case, the court adopted the National Assembly's request for sending a certified copy of the record, and the Seoul Central District Prosecutors' Office responded accordingly," adding, "This cannot be considered a disposition subject to an appeal lawsuit."

Furthermore, the court stated, "Former Minister Kim is neither the direct counterpart of the act of sending investigation records nor a third party in the presidential impeachment trial," and added, "Since it cannot be seen that he has a direct and concrete interest in seeking suspension of effect, the applicant's qualification is also not recognized."