High Court Upholds Dismissal of Kim Yonghyun's Application for Suspension of Execution
Former Minister of National Defense Kim Yong-hyun applied for a suspension of execution after the prosecution sent his investigation records to the Constitutional Court, but the court dismissed the application, stating that the appeal trial is not subject to litigation.
On the 11th, the Administrative Division 1-1 of the Seoul High Court (Presiding Judges Yoon Seung-eun, Cha Moon-ho, Park Hyung-joon) dismissed the appeal filed by former Minister Kim in the case where he applied for a suspension of execution against the head of the Seoul Central District Prosecutors' Office regarding the order to send investigation records.
Accordingly, the dismissal decision made in the first trial was upheld. A dismissal refers to a decision that concludes the procedure without examining the content because the lawsuit or claim is improper or does not meet the requirements.
The first trial stated, "The sending of investigation records is merely a response by the head of the Seoul Central District Prosecutors' Office to the request for sending certified copies of records made by the petitioner, the National Assembly, within the impeachment trial procedure of the President, which was adopted by the Constitutional Court," and added, "It cannot be considered a disposition subject to appeal litigation."
Before the impeachment trial of President Yoon, the Constitutional Court adopted the National Assembly's request for sending certified copies and secured investigation records of former Minister Kim and others from the prosecution. On the 10th of last month, former Minister Kim filed a lawsuit against the head of the Seoul Central District Prosecutors' Office to cancel the sending, claiming that the act of sending investigation records to the Constitutional Court was unconstitutional and illegal without legal grounds, and applied for a suspension of execution.
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