Court Again Dismisses Kim Yonghyun's Recusal Request, Kim's Team Protests "Unlawful Trial"

Kim Yonghyun's Legal Team:
"We Will Continue to File Recusal Requests"

On June 25, the legal team representing former Defense Minister Kim Yonghyun filed a quasi-appeal against the court's dismissal of their request to recuse the judicial panel, but the court rejected the appeal once again. On June 24, the court had already dismissed the initial recusal request, but after Kim's team objected, the court issued another summary dismissal decision on this day.

Yonhap News Agency

On June 25, Kim's legal team submitted a quasi-appeal during the detention warrant hearing presided over by Judge Han Sungjin of the 34th Criminal Division of the Seoul Central District Court. Kim's attorney argued, "Issuing an unfair recusal decision is a direct violation of the Criminal Procedure Act," and added, "Any citizen with common sense would find this decision incomprehensible, and it can only be seen as the court siding with the special prosecutor's unlawful prosecution."
However, after a brief recess, the court again dismissed the request, stating, "The purpose of delaying the proceedings is clear." Although recusal requests are typically reviewed by a different panel, if it is determined that the request is clearly intended to delay proceedings, the same panel may dismiss it.
In response, Kim's legal team immediately expressed their objection orally, and the court once again issued a summary dismissal. A quasi-appeal can be submitted or a position can be stated in court. However, even if a quasi-appeal is filed, it does not have the effect of suspending the ongoing proceedings.
Kim's attorneys protested, stating, "We question whether it is a fair trial procedure for the same panel that was subject to the recusal request to issue another dismissal," and added, "We cannot accept that the Korean judiciary is infringing on the defendant's right to a defense with such a shameful decision, and we will continue to file recusal requests."
On June 18, special prosecutor Cho Eunseok, in charge of the rebellion case, filed additional charges against Kim for obstruction of official duties by deception and for instructing the destruction of evidence, and requested the court to issue an additional arrest warrant. This was intended to prevent Kim from being released unconditionally on June 26, when the six-month detention period for the first trial expires.
In response, Kim's team criticized the 34th Criminal Division as being "obsessed only with detention" and filed a recusal request on June 23. The court issued a summary dismissal on June 24.