Did South Korea's Special Counsel Indict Ex-Defence Minister?
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Synopsis
The recent indictment of former Defence Minister Kim Yong-hyun by South Korea's special counsel raises significant questions about the martial law imposition under former President Yoon Suk Yeol. As legal battles unfold, the implications for governance and justice in South Korea are profound.
Key Takeaways
- Former Defence Minister Kim Yong-hyun indicted on multiple charges.
- Indictments include obstruction of official duties and evidence destruction.
- The special counsel aims to prevent Kim's release before his six-month arrest period ends.
- Legal battles highlight issues of governance under former President Yoon Suk Yeol.
- Kim's legal team denounces the indictments as illegal.
Seoul, June 19 (NationPress) The independent counsel examining the brief martial law imposed by former South Korean President Yoon Suk Yeol announced on Thursday that former Defence Minister Kim Yong-hyun has been indicted on multiple charges, including obstruction of official duties.
According to Cho Eun-suk, a press release indicated that Kim also faces allegations of abetting evidence destruction related to the martial law declaration on December 3. The indictments were formally submitted late Wednesday evening.
Kim has been in custody since December 27 and is currently on trial for charges of insurrection due to his recommendation of martial law to Yoon and involvement in drafting the related decree.
The new indictments come just two days after Kim appealed a conditional bail ruling that the prosecution sought and a court granted, likely in an effort to secure his unconditional release before his six-month arrest term ends on June 26.
In the announcement, Cho stated, "We have requested the court to promptly merge the new charges against Kim with the ongoing case, revoke the bail ruling, and issue a new detention order."
As reported by Yonhap news agency, this action by the special counsel seems aimed at preventing Kim’s release next week.
According to criminal procedure law, the period for pretrial detention in a first-instance trial cannot exceed six months. Since the same charges cannot be used to justify ongoing detention, Kim must be released unless a new warrant is issued based on additional allegations.
Prosecutors had previously requested the court to allow bail under stringent conditions.
However, Kim declined the proposed terms and requested a suspension of the bail order.
In the recent indictments, Kim is accused of misleading the Presidential Security Service on December 2 to obtain a secure phone, which he then passed to Noh Sang-won, a civilian and former commander of the Defence Intelligence Command.
Prosecutors have previously concluded that Kim and Noh utilized the phone for clandestine communication regarding the execution of the martial law plan.
Another count against Kim involves instructing an aide on December 5 to destroy documents related to the martial law initiative.
Kim’s legal team criticized the indictments as unlawful.
"Special Counsel Cho has misused his authority to unlawfully indict former Minister Kim despite lacking the power to do so during the investigative preparation phase," the team asserted in a statement, referencing the maximum of 20 days permitted by law for preparing the independent investigation.
The attorneys also argued that revealing unverified investigation details is illegal and constitutes libel.
"These indictments must be dismissed without delay," the legal team stated. "We will exercise our rights under the special counsel law to file objections and seek to suspend execution to safeguard former Minister Kim's right to a trial free from detention."
Cho is one of three independent counsels appointed by President Lee Jae Myung last Thursday to conduct investigations into the martial law initiative, corruption allegations involving Yoon's spouse, Kim Keon Hee, and suspicions regarding the 2023 death of a Marine.
Point of View
It's imperative to approach the unfolding events surrounding the indictment of former Defence Minister Kim Yong-hyun with a focus on transparency and accountability. The legal proceedings not only reflect on individual actions but also resonate deeply with the broader democratic principles that underpin our society.
NationPress
19/06/2025
Frequently Asked Questions
What are the charges against Kim Yong-hyun?
Kim Yong-hyun has been indicted on charges including obstruction of official duties and abetting evidence destruction connected to the imposition of martial law.
What is the significance of this indictment?
The indictment signifies ongoing scrutiny of former President Yoon Suk Yeol's administration and raises questions about governance and accountability in South Korea.
What could happen next in this case?
The court will review the new charges and may consolidate them with existing cases, impacting Kim's potential release and the ongoing investigation.
How long can pretrial detention last under South Korean law?
Under criminal procedure law, the pretrial detention period for a first-instance trial cannot exceed six months.
What is the role of the special counsel in this case?
The special counsel is tasked with investigating allegations of martial law imposition, corruption, and other related concerns surrounding former President Yoon's administration.
