Former National Intelligence Service Director Cho Tae-yong, who was arrested on charges of failing to fulfill his duties as director during the Dec. 3 martial law, has filed a detention validity review with the court.
According to legal sources on the 15th, Cho's side filed for a detention validity review with the Seoul Central District Court on the afternoon of the 14th. A detention validity review is a procedure in which a detained suspect asks the court to determine whether the detention and investigation are lawful or unjust and whether they should continue.
The Seoul Central District Court plans to hold the detention validity review for the former director at 3 p.m. on the 16th. After a request for a detention validity review is filed, the court must question the suspect and conduct an evidentiary review within 48 hours.
The court will then comprehensively reexamine the necessity of detention, including whether the requirements and procedures for detention were violated and whether there is a risk of evidence destruction or flight, before making a decision. If the court decides to release the suspect in the detention validity review, the arrest warrant itself loses effect.
After the declaration of martial law, the former director is suspected of dereliction of duty as National Intelligence Service director for failing to inform the National Assembly even after receiving a report from former National Intelligence Service (NIS) First Vice Director Hong Jang-won that "martial law troops are going around to catch Lee Jae-myung and Han Dong-hoon."
The former director is also accused of violating the statutory ban on political involvement under the National Intelligence Service Act by first providing the People Power Party with National Intelligence Service closed-circuit (CC)TV footage showing former Vice Administrator Hong's movements during martial law, while not providing the Democratic Party of Korea with footage showing his own movements.
On the 7th, the special counsel team for insurrection requested an arrest warrant for the former director on charges including violating the National Intelligence Service Act's ban on political involvement, dereliction of duty, perjury, destruction of evidence, drafting and using false official documents, and violating the Act on Testimony and Appraisal at the National Assembly.
The court issued the warrant on the 12th, saying there was a concern about the destruction of evidence.