Former Minister of National Defense Kim Yong-hyun filed a motion to disqualify the Seoul Central District Court's Criminal Division 34, which is responsible for the additional warrant hearings, on the 23rd. The motion is submitted to the court in question.
The former Minister's lawyer noted in a press release that day, "The Criminal Division 34, which is solely focused on detention, has practically declared its intention to conduct an unfair trial under Article 18, Paragraph 1, Item 2 of the Criminal Procedure Act" and added, "A motion to disqualify has been filed, and the proceedings of Criminal Division 34 should be immediately suspended."
The lawyer said, "Special Prosecutor Jo Eun-seok did not review the existing investigative records and filed charges to prevent the release of former Minister Kim Yong-hyun upon the expiration of his detention." He further stated, "Despite the presumption of innocence and the principle of trials without detention, the court instead accepted the special prosecutor's illegal indictment and hastily scheduled the warrant hearing without any procedure for delivering the indictment to Minister Kim Yong-hyun and his lawyer, thereby assisting in the special prosecutor's unlawful prosecution."
He added, "The court's actions constitute a serious abuse of power that infringes on Minister Kim Yong-hyun's right to a fair trial and the lawyer's right to defend."
Originally, Criminal Division 34 of the Seoul Central District Court was scheduled to hold the warrant hearing for the former Minister at 2:30 p.m. on that day.
If Criminal Division 34 determines that the motion to disqualify by the former Minister is clearly intended to delay the trial, it can dismiss it immediately. If not, another court will make a decision regarding the disqualification motion. In this case, the warrant hearing process will be suspended.
Earlier, Special Prosecutor Jo Eun-seok added charges against the former Minister for obstructing public duty by deceit and for soliciting evidence destruction on the 18th and requested the court to issue a warrant.