Defense: "Cannot Accept a Court That Issued an Illegal Warrant"
Preparatory Hearing Ends After 20 Minutes
Court Schedules Additional Hearing for August 11
At the first preparatory hearing for the case of former Defense Minister Kim Yonghyun, who was indicted by the special prosecutor's team investigating the insurrection, the defense attorneys demanded that the court recuse itself, insisting that the judges withdraw from the case. They also protested the presiding judge's wearing of a mask, saying it was "incomprehensible."
On July 17, the 34th Criminal Division of the Seoul Central District Court (Presiding Judge Han Sungjin) held the first preparatory hearing for Kim's charges of obstruction of official duties by fraudulent means and instigation of evidence destruction. As the defense refused to comply with the court's proceedings, the hearing ended after about 20 minutes.
The defense for former Minister Kim argued, "We cannot expect a fair trial from a court that issued an illegal warrant," and insisted, "This court should voluntarily recuse itself so that the case can be tried by another panel."
In response, the court stated, "We need to first organize the proceedings," but Kim's defense countered, "As attorneys, we cannot accept having this case tried by the current court."
The defense also objected to the presiding judge's wearing of a mask, stating, "It is not a situation where COVID-19 is rampant, so we cannot understand why the judge is wearing a mask in a way that makes it impossible to know who is presiding over the trial. This also goes against the principle of open trials."
The court ended the hearing after about 20 minutes and scheduled another preparatory hearing for the morning of August 11.
The special prosecutor team led by Cho Eunseok, which is handling the insurrection case related to former President Yoon Sukyeol's 12·3 Martial Law, indicted former Minister Kim on June 19 on charges of obstruction of official duties by fraudulent means and instigation of evidence destruction.
The special prosecutor team believes that on December 2 of last year, Kim deceived the Presidential Security Service to obtain a secure phone, which he then delivered to Noh Sangwon, a former commander of the Defense Security Command and a civilian who was also an accomplice in the insurrection. Kim is also accused of ordering a civilian, identified as Yang, who effectively served as his personal assistant, to destroy all documents related to martial law on December 5, 2024, after the declaration of martial law.
When indicting Kim, the special prosecutor team also requested an additional detention warrant, and the court issued it on June 25, citing concerns over the destruction of evidence.
Kim's defense filed objections, requests for suspension of execution, and motions to recuse the court, claiming the indictment and detention were unlawful, but all were dismissed by the court.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
