Could Military Prosecutors in South Korea Grant Bail to Four Commanders Linked to the Martial Law Controversy?

Seoul, June 17 (NationPress) South Korean military prosecutors have put forth a request for a court martial to consider granting bail for four military commanders currently detained due to their alleged involvement in the brief martial law enacted by former President Yoon Suk Yeol. This request comes as their detention periods are approaching expiration, according to officials on Tuesday.

The prosecutors are seeking bail for Army Chief of Staff Gen Park An-su, who acted as the martial law commander, as well as Lt. Gen Yeo In-hyung, the former head of the Defence Counterintelligence Command, Lt. Gen Lee Jin-woo, the ex-chief of the Capital Defence Command, and Major Gen Moon Sang-ho, the former commander of the Defence Intelligence Command.

The prosecution's bail request includes stipulations prohibiting the defendants from contacting others involved in the martial law matter, among other conditions. They expressed concerns that releasing the commanders without restrictions could lead to the potential destruction of evidence as their statutory six-month detention periods are set to end this month, as reported by Yonhap news agency.

On Monday, former Defence Minister Kim Yong-hyun, who has been detained on insurrection charges related to his role in the December 3 martial law declaration, submitted an appeal to overturn a court decision that granted him bail.

The Seoul Central District Court had earlier approved the prosecution's bail request for Kim, despite objections from his legal team, with just 10 days remaining before his detention period was due to expire.

Kim was taken into custody on December 27 for suggesting martial law to Yoon and drafting the official decree. He faces accusations of deploying troops to the National Assembly during the martial law period to prevent lawmakers from opposing Yoon's declaration.

In light of this, Kim's legal team filed an appeal while requesting a stay order to pause the court's decision, arguing it effectively prolongs their client's detention, which is nearing its end.

They stated, "This is not a decision for release, but a method to illegally extend Kim's current state of detention." They further claimed, "This measure is unconstitutional, infringing upon the defendant's basic rights and unfairly restricting his freedom of action."

The court has set bail at 100 million won (approximately $73,400) with conditions that prevent him from meeting or communicating with Yoon and others connected to the martial law case.

Typically, bail requests originate from defendants, but in this instance, it was initiated by the prosecution.

Kim's statutory six-month detention is due to conclude on June 26, indicating that he would be eligible for release in just 10 days without any conditions.

The court's decision to approve bail despite Kim's objections appears to be an effort to mitigate any unforeseen issues that might arise during the ongoing trials related to the martial law.

Previously, Kim had sought bail approximately a month post-arrest, but the Seoul Central District Court denied his request at that time. He subsequently appealed that ruling, which was rejected by the Seoul High Court.