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Court Dismisses Kim Yonghyeon’s Recusal Motion Against Panel Amid Arrest Extension and Release Decision

Kim's Legal Team Says "We Will Respond Appropriately Tomorrow"
Appeal Likely

Former Defense Minister Kim Yonghyeon filed a motion to recuse the panel of judges presiding over the case in which the special prosecutor for insurrection brought additional charges against him, but the court did not accept the request.
Court Dismisses Kim Yonghyeon’s Recusal Motion Against Panel Amid Arrest Extension and Release Decision Yonhap News

On June 24, the Seoul Central District Court’s Criminal Division 34 (Presiding Judge Han Sungjin) dismissed the recusal motion submitted by Kim’s legal team.
Typically, recusal motions are reviewed by a different panel of judges, but if it is determined that the motion is clearly intended to delay proceedings, the panel in question may dismiss it.
Previously, on June 18, Special Prosecutor Cho Eunseok for insurrection brought additional charges against Kim, accusing him of obstruction of official duties by fraudulent means and incitement to destroy evidence, and requested the court issue an additional arrest warrant. This measure aimed to prevent Kim from being unconditionally released on June 26, when the six-month detention period for the first trial was set to expire.
The 34th Criminal Division of the Central District Court, which was assigned the case, scheduled the hearing on Kim’s arrest warrant for the afternoon of June 23. In response, Kim’s legal team filed a recusal motion against all members of the panel on the morning of the hearing and argued that, under the Criminal Procedure Act, the hearing should be immediately suspended.
Taking these circumstances into account, the court postponed the hearing on Kim’s arrest warrant and plans to proceed with it again at 10 a.m. on June 25. If an additional arrest warrant is issued just one day before the expiration of the current detention period, it is highly likely that Kim will remain in custody for another six months while standing trial.
Regarding the dismissal of the recusal motion, Kim’s legal team stated, “We will respond appropriately tomorrow,” indicating their intention to appeal.


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