Charges of Obstructing Official Duties and Instructing Destruction of Evidence
Additional Detention Warrant to Be Requested
Kim Yonghyun's Initial Detention Expires on the 26th
Just six days after his appointment, Special Prosecutor for Internal Affairs Eunseok Jo announced that he would file additional charges against former Minister of National Defense Yonghyun Kim, including instructing the destruction of evidence, and would request the issuance of a detention warrant. In response, Kim's legal team, with his release just one week away, argued that this constituted "abuse of authority by the special prosecutor" and called for the charges to be dismissed.
Eunseok Jo, Special Prosecutor for Internal Affairs, and Yonghyun Kim, Former Minister of National Defense. Photo by Yonhap News
On the 19th, Special Prosecutor Jo stated in a press release, "After completing all necessary preparations in cooperation with the police and the prosecution, we took over the case records and initiated the investigation on the 18th. That night, we indicted former Minister of National Defense Yonghyun Kim on charges of obstruction of official duties by deception and instructing the destruction of evidence." This marks the first indictment since the appointment of the third special prosecutor.
He also stated, "We plan to promptly proceed with the process of requesting the court for a swift consolidation of the cases and the issuance of an additional detention warrant." This is interpreted as a preemptive measure to prevent a situation in which Kim would be released unconditionally on June 26, when his detention period expires, after refusing the court's decision to grant bail with conditions such as a ban on contact with those involved in the martial law case.
Kim's legal team immediately pushed back. They stated, "According to the Special Prosecutor Act for Internal Affairs, Special Prosecutor Jo does not have the authority to file charges during the investigation preparation period, yet he exercised prosecutorial power illegally and even disclosed unverified investigation details. We will file a complaint against Special Prosecutor Jo for abuse of authority and for violating the provision of the Special Prosecutor Act that prohibits the disclosure of investigation details."
They further warned, "The request for a detention warrant against former Minister Kim is not only in violation of the Special Prosecutor Act but also disregards the fundamental principles of the Criminal Procedure Act. We sternly warn against this illegal act and demand the resignation of Special Prosecutor Jo."
Previously, on December 27 of last year, former Minister Kim was indicted and detained on charges of participation in major insurrection-related duties and abuse of authority. The six-month detention period for the first trial, as stipulated by the Criminal Procedure Act, will expire on June 26. If no additional detention is ordered, Kim will be released in one week.
In response, on June 16, the court decided to grant bail ex officio, attaching conditions such as prohibiting contact with those involved in the martial law case. However, Kim has refused the court's decision, calling it "a means to extend detention," and has initiated objection procedures such as filing an appeal and requesting a stay of execution.
If the court, in accordance with the special prosecutor's request, finds reasonable grounds to suspect Kim of a crime and deems there is a risk of evidence destruction, it may issue a detention warrant, resulting in his re-arrest.
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