The court did not accept the application for the cancellation of detention filed by former Minister of National Defense Kim Yong-hyun, who was arrested and indicted on charges of engaging in important duties related to the Dec. 3 emergency martial law.
The Seoul Central District Court's 25th Criminal Division, presided over by Director General Ji Kwi-yeon, rejected the application for the cancellation of detention from former Minister of National Defense Kim Yong-hyun, who was charged with engaging in important duties related to insurrection, on the 20th. Kim is currently detained at the Seoul Eastern Detention Center.
The court noted, "It does not fall under the circumstances of 'lack of grounds for detention or disappearance of such grounds' as stated in Article 93 of the Criminal Procedure Code, so there is no reason to accept it."
According to the Criminal Procedure Code, when there are no grounds for detention or when such grounds have disappeared, the court must cancel the detention by its authority or by the request of the prosecutor, defendant, or defense attorney. The cancellation of detention is different from bail, where temporary release happens under certain conditions, such as posting a bond, as it nullifies the detention itself.
Previously, former Minister Kim applied for bail in court last month, but the court decided to reject it, citing concerns about the destruction of evidence. Kim challenged this decision by submitting an appeal to the court on the 14th and also requested cancellation of the detention on the same day. However, the court did not accept this request.