"No Concern for Evidence Destruction or Risk of Flight"
Deputy Director Kim Seong-hoon and Security Headquarters Chief Lee Kwang-woo of the Presidential Security Service, who are accused of obstructing the arrest of President Yoon Seok-yeol, avoided detention.
Kim Seong-hoon, Deputy Director of the Security Office (right), is escorting President Yoon while moving. Photo by Yonhap News
On the 21st, Judge Heo Jun-seo, in charge of warrants at the Seoul Western District Court, conducted a pre-arrest detention hearing for Kim, who is accused of special obstruction of official duties and abuse of authority under the Presidential Security Act, and Lee. After the hearing, the judge dismissed the arrest warrants, stating, "There is room for the suspects to dispute the criminal charges, and detention at this stage would excessively restrict the suspects' right to defense."
The court added, "Most of the evidence necessary to prove the criminal charges has been sufficiently collected. Considering the extent of the evidence gathered so far and the progress of the investigation, there is insufficient indication that the suspects might destroy evidence. Taking into account their fixed residences, age, career, and family relationships, it is difficult to see any risk of flight at this point."
Kim’s defense team reportedly emphasized their previous argument that the High-ranking Officials' Crime Investigation Division (Gong-su-cheo) does not have the authority to investigate charges of insurrection, and that the issuance and execution of the arrest and detention warrants against President Yoon were illegal. They also stated that their actions were carried out according to guidelines created by the 'Crisis Response Task Force (TF)' led by former Security Service Chief Park Jong-jun, and that the installation of barricades and formation of human chains during the execution of the arrest warrant were merely passive resistance. Furthermore, they denied the allegations of ordering the deletion of records from the secure phone (bi-hwa phone) server and unfair personnel actions against security officials who did not follow orders to obstruct the arrest, arguing that abuse of authority did not apply.
In court, Kim also made a statement to the effect of, "The situation is serious, and the president's safety must be the top priority. Please allow me to focus on security. If I have committed a crime, I will sincerely comply with judicial procedures later."
This is the first time the two have faced the court’s judgment on the arrest warrants. The prosecution had their arrest warrants rejected three times for Kim and twice for Lee by the police, but on the 6th, the Seoul High Prosecutors' Office Warrant Review Committee concluded that the prosecution's warrant requests were valid. The police applied for the arrest warrants again on the 17th, and the prosecution requested the warrants the following day.
Following the dismissal of the arrest warrants, the Special Investigation Unit of the National Police Agency stated, "We respect the court's decision and will analyze the reasons for dismissal to determine the direction of future investigations."
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