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Special Prosecutor for Insurrection Cites Concerns Over Evidence Destruction by Kim Yonghyun... Submits Opinion to Detention Hearing Court

Submission of Objection and Prosecution Opinions During Preparation Period Planned
Kim Yonghyun's Detention Period Expires on June 26
Additional Arrest Warrant Could Extend Detention by Six Months

Cho Eunseok, the special prosecutor for insurrection, has filed additional charges against former Defense Minister Kim Yonghyun and submitted further opinions to the court overseeing his detention hearing, citing concerns over potential destruction of evidence. The hearing regarding the request for an additional arrest warrant for Kim is scheduled for June 25.


Special Prosecutor for Insurrection Cites Concerns Over Evidence Destruction by Kim Yonghyun... Submits Opinion to Detention Hearing Court Yonhap News

On June 24, the special prosecutor's team announced to the media that it had submitted additional opinions regarding concerns over destruction of evidence to the court assigned to the new indictment against Kim.


The team also added, "We plan to submit separate opinions today regarding the objection, the additional opinion on the request for recusal, the qualifications of the special prosecutor, and the issue of indictments during the preparation period." On June 23, the special prosecutor's team had already submitted a written opinion to the court arguing that Kim's request for the recusal of the court was intended to delay the proceedings and should not be accepted.


Previously, on June 23, the 34th Criminal Division of the Seoul Central District Court (presided over by Chief Judge Han Sungjin) postponed Kim's detention warrant hearing to 10 a.m. on June 25. Kim's legal team requested the recusal of the court and the suspension of the trial proceedings, claiming that their right to defense had not been guaranteed. They also argued that indictments cannot be filed during the investigation preparation period.


The court decided to review whether to summarily dismiss Kim's request for recusal and to proceed with the detention warrant hearing as scheduled.


Kim was indicted and detained on December 27 of last year on charges of participating in an insurrection and abuse of power, with his initial detention period set to expire on June 26. In response, Cho Eunseok, the special prosecutor for insurrection, filed additional charges on June 18 for obstruction of official duties by fraudulent means and instigation of destruction of evidence, and requested the court to issue an additional arrest warrant. This was to prevent Kim from being released unconditionally upon the expiration of his detention period.


After the 34th Criminal Division was assigned the case and set the hearing date, Kim's legal team, with his release imminent, requested a change in the hearing date and filed for recusal of the court, arguing that, under the Criminal Procedure Act, the hearing should only proceed after the indictment has been served and evidence records have been reviewed.


If the additional arrest warrant is issued, it is highly likely that Kim will remain in detention for another six months while standing trial.


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