Arrest Warrant Hearing Scheduled on the 23rd Ahead of Detention Expiry
Kim Yonghyun's Legal Team: "Illegal Proceedings Solely Focused on Detention"
The legal team of former Defense Minister Kim Yonghyun has filed a motion to recuse the 34th Criminal Division of the Seoul Central District Court (Presiding Judge Han Sungjin), which is handling the additional charges brought by the special prosecutor for insurrection.
On June 23, Kim's attorney stated, "We have submitted a recusal request against the 34th Criminal Division, which is solely focused on detention," and added, "The Supreme Court has also confirmed that any hearings conducted despite the recusal request are fundamentally invalid."
Previously, on June 18, special prosecutor Cho Eunseok indicted former Minister Kim on additional charges of obstruction of official duties by fraudulent means and instigation of evidence destruction, and requested the court to issue an additional arrest warrant. The special prosecutor's additional indictment is interpreted as a preemptive measure to prevent Kim from being released unconditionally upon the expiration of his detention period on June 26, after he refused the court’s decision for release on bail with conditions such as a security deposit.
Kim was initially indicted and detained on December 27 of last year on charges of performing important duties related to insurrection and abuse of power. The six-month detention period for the first trial, as stipulated by the Criminal Procedure Act, will expire on June 26. If released due to the expiration of the detention period, he cannot be re-detained on the same charges. In this case, additional detention would require new charges.
As Kim’s release was imminent, his legal team immediately filed a motion to suspend the execution of the additional indictment, challenging its legitimacy, but the Seoul High Court dismissed the request.
The 34th Criminal Division of the Seoul Central District Court, which has been assigned the case, scheduled the hearing for Kim’s arrest warrant for 2:30 p.m. on this day. If an additional arrest warrant is issued three days before the expiration of his current detention, Kim could face up to another six months of detention during his trial.
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