Former Defense Minister Kim Yong-hyun Requests Change of Trial Judge

Kim Yong-hyun, the former Minister of National Defense, has filed a request to change the trial judge overseeing the additional indictment case from the special investigation team for insurrection. On June 23, his attorney, Yoo Seung-soo, announced that they have submitted a motion to disqualify all members of the Seoul Central District Court's Criminal Division 34. He stated, "According to the Criminal Procedure Act, the hearing process must be immediately suspended." This court was scheduled to hold a hearing at 2:30 PM on the necessity of Kim's detention, just days before his initial detention period expires on June 26.

The defense argued that the designation of a warrant hearing date without proper notification of the indictment is unlawful and infringes upon Kim's right to a fair trial and the right of his attorney to defend him.

The disqualification request is submitted to the current court. Under current law, if there is clear intent to delay the trial, the court may dismiss the request immediately. Alternatively, it can be referred to another court for review, during which time the trial will be paused.

The special prosecutor, Cho Eun-seok, who is investigating former President Yoon Suk-yeol and others for charges of insurrection and foreign exchange violations, added new charges against Kim on June 18. These include allegations of obstructing official duties through deception and instructing the destruction of evidence. Specifically, Kim is accused of deceiving the Presidential Security Service to obtain a secure phone on December 2 of last year and later handing it to former intelligence chief Noh Sang-won, a civilian. Additionally, he allegedly directed his secretary, Yang, to eliminate materials related to the martial law on December 5, after the declaration of a state of emergency.

Kim's legal team expressed their opposition to the special prosecutor's additional indictment, stating, "According to the so-called Insurrection Special Prosecutor Act, no indictment can be filed during the investigation preparation period. However, Cho Eun-seok proceeded with the indictment without reviewing existing investigation records to facilitate Kim's release before the expiration of his detention."