Pre-Arrest Hearing to Determine if Martial Law Was Insurrection, Involving Ex-Defense Minister Kim
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On Tuesday, the court will conduct a pre-arrest interrogation for Kim Yong Hyun, the former Minister of Defense and a key figure in the emergency martial law declaration of December 3. This marks the judiciary’s initial assessment of whether the martial law proclamation constitutes an act of insurrection.
Judge Nam Cheon Kyu of the Seoul Central District Court will oversee the hearing at 3 PM to determine whether an arrest warrant should be issued for the former minister, as prosecutors requested. A decision is expected as early as that evening.
The special investigation unit probing the martial law incident announced yesterday that it had requested an arrest warrant for Kim on charges of rebellion and abuse of power.
According to the warrant application, prosecutors allege that Kim conspired with President Yoon Suk Yeol to incite insurrection. They’ve identified Kim as a key player in the rebellion and implicated Yoon as the mastermind.
Kim allegedly advised Yoon on declaring martial law on December 3 and is accused of ordering military commanders to deploy troops to the National Assembly and the National Election Commission following the declaration. The prosecution reportedly views post-declaration actions—such as police restricting access to the National Assembly and military forces breaching the building via helicopter to obstruct a vote on lifting martial law—as deliberate attempts to impede the legislature’s constitutional powers.
If the court approves the arrest warrant for Kim, it could signal the plausibility of the insurrection charges and potentially broaden the investigation to include Yoon.
Additionally, the court will determine whether prosecutors can investigate insurrection charges. While the Prosecutors’ Office Act doesn’t explicitly list insurrection among crimes subject to direct investigation, prosecutors have been pursuing it as a related offense to abuse of authority, which falls within their direct investigative purview.
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