The special prosecutor, Cho Eun-seok, investigating the 12·3 martial law-related insurrection case, has additionally indicted former Minister of National Defense Kim Yong-hyeon on charges of obstruction of official duties by means of fraud and instigation of evidence destruction. The special prosecutor is also expected to request an additional arrest warrant.
On the 19th, special prosecutor Cho stated, "After being appointed as special prosecutor, I completed necessary preparations in cooperation with the police and prosecution and received the records before beginning the investigation on the 18th."
Special prosecutor Cho noted, "On the night of the 18th, I filed charges against former Minister Kim for obstruction of official duties by means of fraud and instigation of evidence destruction," adding, "I plan to promptly proceed with the procedures requesting swift consolidation and additional arrest warrants in court."
In response, the defense team for former Minister Kim stated, "The special prosecutor Cho, who was appointed on the 13th of this month, is currently in the investigation preparation period (20 days after appointment), so he does not have the authority to file charges. Nevertheless, exercising prosecutorial power against former Minister Kim is a clear violation of the law," and added, "We will report special prosecutor Cho for abuse of power and public disclosure of the investigation details to the Seoul Central District Prosecutors' Office."
Former Minister Kim is accused of receiving a secure phone by deceiving the Presidential Security Service on December 2 last year and delivering it to Noh Sang-won, a former commander of the National Intelligence Service, who is a civilian and an accomplice in the insurrection. He is also accused of directing a civilian surnamed Yang, who effectively acted as his secretary, to destroy all documents related to the martial law situation on December 5 of last year.
In the legal community, there are interpretations that the additional indictment was executed to prevent former Minister Kim from being released in a free state after completing the detention period. This is because the additional charges can be used to extend the detention period.
Former Minister Kim's maximum detention period of six months defined in the Criminal Procedure Act will expire on the 26th of this month. If former Minister Kim serves the full detention period and is released, he will be able to move freely and meet with those involved in the case without any restrictions.
To prevent such a situation, the 25th Criminal Division of the Seoul Central District Court, under Director General Ji Kwi-yeon, made a conditional bail decision for former Minister Kim on the 16th. However, the side of former Minister Kim filed an appeal the same day, claiming that the bail conditions imposed by the court are unconstitutional and unlawful.