A Seoul court on Thursday held the first preparatory hearing for former Defense Minister Kim Yong-hyun, who has been charged with insurrection and abuse of power over his alleged key role in the president's botched martial law imposition last month.
During the first preparatory hearing at the Seoul Central District Court, Kim, who is currently under detention, appeared with his legal representatives. Kim’s attorneys engaged in an intense argument with prosecutors in discussing how the trial would proceed.
The ex-defense minister was detained by prosecutors soon after President Yoon Suk Yeol’s short-lived martial law imposition on Dec. 3, 2024, accused of deploying armed forces to the National Assembly to block the parliamentary vote to nullify the decree, among other crimes.
Lawyers for Kim requested that the court dismiss criminal charges against the ex-minister, claiming the prosecution and judicial branch do not have the authority to “make judgments” concerning the president’s constitutional ability to declare martial law.
South Korea’s Constitution states that the president can declare martial law, which requires the use of military force to maintain peace and order during "wartime, warlike situations or other comparable national emergency states.”
“We request (the court) to dismiss the criminal charges (against Kim), as for the judiciary branch to make judgments on the president’s political moves fundamentally damages the principles of judicial independence guaranteed by the Constitution,” Kim’s attorneys said.
Prosecutors refuted the claims, citing a Supreme Court ruling that says martial law declarations may be subjected to judicial review.
In late 2018, the Supreme Court ruled that martial law declarations can be subject to judicial review, labeling former President Park Chung-hee’s 1972 martial law decree as “invalid due to its unconstitutional and illegal nature.”
Park declared emergency martial law on Oct. 17, 1972, granting himself dictatorial powers. He dissolved the National Assembly while suspending the Constitution.
“There is a Supreme Court ruling that states that if martial law declaration is considered a criminal act, then it is subjected to judicial review,” the prosecutors said.
Prosecutors also suspect that Kim ordered Army Counterintelligence Commander Yeo In-hyeong to arrest 10 notable political figures, including National Assembly Speaker Woo Won-sik, main opposition leader and Democratic Party of Korea Rep. Lee Jae-myung and then-leader of the ruling People Power Party Han Dong-hoon.
Additionally, Kim is accused of deploying troops to occupy the National Election Commission and seize servers.
The second preparatory hearing for Kim is scheduled for Feb. 6.
