Application for Suspension of Execution Dismissed in First and Second Trials
Appeal Filed with the Supreme Court
Former Minister of National Defense Kim Yong-hyun's lawsuit requesting the cancellation of the transfer of his investigation records to the Constitutional Court by the prosecution will begin in June. Previously, the Constitutional Court secured investigation records related to the December 3 emergency martial law case from the prosecution and others at the request of the National Assembly while hearing the impeachment trial of President Yoon Seok-yeol.
On the 25th, the Administrative Division 3 of the Seoul Administrative Court (Presiding Judge Choi Soo-jin) set the first hearing date for the cancellation lawsuit filed by former Minister Kim against the Seoul Central District Prosecutors' Office regarding the transfer of investigation records for June 27.
Former Minister Kim's side filed the cancellation lawsuit on the 10th of last month, citing Article 32, proviso of the Constitutional Court Act. They argued, "The Constitutional Court cannot receive records of cases where trials or investigations are currently ongoing, but the prosecution violated this and illegally transferred investigation records."
Article 32 of the Constitutional Court Act stipulates that "the court may, by decision, inquire facts necessary for institutional adjudication of other state agencies or public organizations, or request the transfer of records or submission of materials," but includes a proviso stating that "records of cases where trials, prosecutions, or criminal investigations are ongoing cannot be requested for transfer."
The Constitutional Court stated that it lawfully received former Minister Kim's investigation records based on Article 39 and Article 40 of the Constitutional Court Rules, which allow requesting copies (certified copies) when submitting originals is difficult, and thus sees no problem.
Former Minister Kim's side also applied for a "suspension of execution of the order to transfer investigation records" along with the cancellation lawsuit, but the court did not accept it. The first trial dismissed it, stating, "The transfer of investigation records was merely a response by the Seoul Central District Prosecutors' Office to the National Assembly's request for certified copies of records within the impeachment trial procedure of the President, adopted by the Constitutional Court, and thus cannot be considered a disposition subject to an appeal lawsuit." The second trial also dismissed the appeal, stating it was not subject to litigation.
Despite the second trial ruling, former Minister Kim's side filed an appeal to the Supreme Court on the 20th, seeking a final judgment.
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