Kim Yonghyun's Request for Stay of Execution on Additional Indictment Dismissed... Court Says "No Need for Provisional Measures"

"To Be Determined by the Seoul Central District Court in Charge of the Indicted Case"

The Seoul High Court explained on June 23 that its decision to dismiss the request for a stay of execution filed by the legal team of former Defense Minister Kim Yonghyun, who objected to the additional indictment by Special Prosecutor Cho Eunseok for insurrection, was based on the reasoning that "this is a matter to be determined during the trial of the indicted case by the court in charge."

Yonhap News

The 20th Criminal Division of the Seoul High Court (Chief Judge Hong Donggi) released a statement on this day, saying, "The subject of the stay request is not the special prosecutor's investigative activities, but rather the prosecution by the special prosecutor and the subsequent judicial proceedings based on it." The court further explained, "The matters raised by the applicant should be argued and determined during the trial proceedings conducted by the court in charge of the case (the court where the indictment was filed)."

The court also stated, "It is difficult to see a need to grant the request for a stay and take provisional measures under Article 20, Paragraph 8 of the Special Prosecutor Act."

The court did not accept the arguments of the special prosecutor either. Previously, the special prosecutor submitted an opinion to the court, arguing that Kim's objection procedure was improper because he had not first submitted an objection to the special prosecutor, and therefore the request for a stay of execution was also inadmissible and should be dismissed. However, the court ruled, "Under the Special Prosecutor Act, a request for a stay of execution may be filed separately from an objection."

It is reported that Kim's objection has not yet been submitted to the Seoul High Court.

Previously, on June 18, Special Prosecutor Cho Eunseok additionally indicted former Minister Kim on charges of obstruction of official duties by fraudulent means and instigation of evidence destruction, and requested the cancellation of his bail and the issuance of an additional arrest warrant.

With his release date approaching, former Minister Kim immediately objected, questioning the legitimacy of the additional indictment. On June 20, Kim's legal team filed a request for a stay of execution, arguing that the special prosecutor had exceeded the scope of his authority and asking for a halt to the related indictment procedures.