The special investigation team probing the 'Dec. 3 emergency martial law' incident requested the court on the 19th to issue a warrant for the arrest of former Minister of National Defense Kim Yong-hyun on charges of abuse of power and destruction of evidence after adding those charges. Former Minister Kim was arrested and indicted last December on charges of participating in important duties related to insurrection, and his detention period ends on the 26th. Once the detention period expires, he can undergo trial without restrictions. Although the court made a bail decision on the 16th, former Minister Kim opposed it and has filed an appeal. If former Minister Kim does not comply with the bail execution, stating that he will serve his full detention term, the court has no means to enforce it.
On that day, the special investigation team for insurrection, led by Jo Eun-seok, stated in a notice sent to the press that they had submitted a written request to the court for the cancellation of the bail decision for former Minister Kim and the issuance of an additional arrest warrant. They also requested that the newly added charges against former Minister Kim be combined swiftly with existing cases.
Previously, the Seoul Central District Court's Criminal Division 25, presided over by Director General Ji Gwi-yeon, made a conditional bail decision for former Minister Kim on the 16th.
Former Minister Kim was arrested on Dec. 27 last year on charges of conspiracy to commit insurrection and involvement in execution along with former President Yoon Suk-yeol. According to the Criminal Procedure Act, the initial detention period (6 months) ends on the 26th. Once the detention period expires, former Minister Kim can undergo trial without any conditions. In light of this, the prosecution applied for bail. The court approved the bail with conditions, including restrictions on residence, a bail amount of 100 million won, and a prohibition on contacting individuals related to the case, including former President Yoon Suk-yeol.
However, former Minister Kim's side has appealed the court's bail decision and has applied for a stay of execution. They asserted that 'the court's decision to grant bail is merely a means to unlawfully extend the state of detention.'
In the meantime, the special investigation team for insurrection announced on the 18th that they had additionally indicted former Minister Kim on charges of obstructing official duties by deceit and instigating the destruction of evidence. The prosecution believes that on Dec. 2 last year, former Minister Kim deceived the Presidential Security Service and received a covert phone, which he then handed over to No Sang-won, a civilian and co-conspirator in the insurrection. The prosecution also suspects that former Minister Kim directed a civilian, Yang Mo, who had served as his secretary, to destroy all related documents after the state of emergency on Dec. 5 last year.
In the legal community, there is an interpretation that the additional indictment was carried out to prevent former Minister Kim from being released freely after completing his detention period. This is because the charges from the additional indictment can be used to extend the detention period.