The side of former Minister of National Defense Kim Yong-hyun's opposition to the additional indictment by the special prosecutor of insurrection has been dismissed by the court.

According to the special prosecutor of insurrection, the Seoul High Court Criminal Division 20 (Chief Judge Hong Dong-ki) dismissed the request for suspension by former Minister Kim's side on the 21st.

Former Minister of National Defense Kim Yong-hyun. /Courtesy of Constitutional Court

On the 18th, the special prosecutor of insurrection additionally indicted former Minister Kim on charges of obstructing public duties through deceit and instigating the destruction of evidence, and requested the cancellation of his bail and the issuance of an additional arrest warrant.

In response, former Minister Kim's side filed for suspension along with a challenge to the special prosecutor's additional indictment on the 20th, claiming it was an 'unrelated indictment.'

The special prosecutor of insurrection submitted an opinion stating that there were procedural and substantive issues with the challenge and suspension requests made by former Minister Kim the previous day, recommending they should be dismissed.

The opinion stated that according to Article 20 of the Special Prosecutor Act, a challenge must go through the special prosecutor, but since former Minister Kim's side did not go through the special prosecutor and immediately filed the challenge with the Seoul High Court, this was against procedure, and it also claimed that the additional indictment of former Minister Kim was not unlawful because it occurred after the commencement of the special prosecutor's investigation.