The first trial in the case of former Minister of National Defense Kim Yong-hyun, indicted by the special counsel investigating the insurrection case, opened five months after the indictment. Kim's side argued that the trial is proceeding unlawfully and said dismissal of the indictment is necessary. Dismissal of the indictment is when the court issues a ruling or decision that the indictment is unlawful due to a procedural defect and terminates the case.
The 34th Criminal Division of the Seoul Central District Court (Presiding Judge Han Sung-jin) held the first trial on the 10th for the case in which the former minister is charged with obstruction of official duties by deception and instigation of evidence destruction.
After the special counsel investigating the insurrection case read the gist of the indictment, Kim's side said, "The special counsel team exercised an unlawful right to indict during the preparation period," adding, "This constitutes grounds for dismissal of the indictment." It continued, "A detention hearing was held unlawfully without the indictment being served, and despite filing a motion to recuse because a fair trial was not being conducted, it was summarily dismissed and we continued to suffer harm," adding, "The court is forcing the defense to proceed with argument."
Citing the Prosecutors' Office Act, which provides that 'a prosecutor may not bring an indictment for a crime that the prosecutor initiated an investigation into,' Kim's side also took issue with a prosecutor seconded to the special counsel team entering the courtroom, and said, "The Suwon High Court has already ruled that, to substantively ensure the duty of objectivity, a third prosecutor should make the determination regarding the filing of an indictment."
Former Minister Kim, who was indicted and detained in December last year on charges of engaging in important duties related to insurrection, was additionally indicted by the special counsel in June on charges including deceiving the Presidential Security Service to obtain a secure phone before the proclamation of martial law and then delivering it to Noh Sang-won, a civilian and alleged co-conspirator in the insurrection and former commander of the Defense Intelligence Command.
Afterward, Kim's side used various formal and informal means of objection, including objections, applications for a stay of execution, motions to recuse the court, and applications for a transfer of jurisdiction, whether provided for in criminal law or not, and all were dismissed. In the meantime, only five preparatory hearings were held, and ultimately, on this day, the first full trial opened about five months after the indictment. At the trial, the examination of witnesses of Kim Dae-kyung, former head of the Support Headquarters at the Presidential Security Service, will be conducted.