Request for Release Ahead of Detention Expiry by the Prosecutor's Office

Former Minister of National Defense Kim Yong-hyun, a key suspect in the '12.3 Emergency Martial Law' case, has been released conditionally. The court granted the release with the condition of prohibiting contact with relevant individuals, including former President Yoon Suk-yeol.

On the 16th, the 25th Criminal Division of the Seoul Central District Court (presided over by Chief Judge Ji Gwi-yeon) decided to grant conditional bail for the former minister.

The detention period for the former minister was set to expire on the 26th, and he was in a position to stand trial without detention under normal circumstances. Considering this, the prosecution requested bail with the contact prohibition condition, which the court accepted.

"Difficult to Conclude Proceedings"… Court Emphasizes Standard Procedures

In announcing the bail decision, the court stated that it considered the difficulty of concluding the case proceedings within the maximum detention period of six months stipulated in the Criminal Procedure Act for first trials.

The court explained, "Under the current Criminal Procedure Act, the maximum detention period for the first trial is only six months, and it is practically impossible to complete all proceedings within that period." It added, "The bail decision with conditions imposed to secure the defendant's attendance and prevent evidence destruction is typically carried out in practice before the expiration of the detention period."

The court also seemed to deem that maintaining the former minister's detention while continuing the trial was not significantly beneficial.

Instead, they specified conditions such as ensuring full attendance at future trial dates and prohibiting contact with individuals related to the case, aiming to secure fairness in the trial and the preservation of evidence.

Key Suspect 'Conditionally Released'… Potential Variables for Future Investigation and Trial

Former Minister Kim has been identified as a key operative in the '12.3 Emergency Martial Law' case and has undergone investigation and trial for several months.

However, as the court effectively permitted a 'management-style bail', it is expected to impact both the defendant's exercise of rights in the trial process and the prosecution's strategy in maintaining their case.

Particularly, this decision is likely to have significant repercussions on the ongoing investigations and trials involving major figures, including former President Yoon Suk-yeol, former Minister Lee Jong-seob, and former Deputy National Security Advisor Kim Tae-hyo, all at the apex of the related case. The prosecution plans to closely monitor compliance with the bail conditions.

Image source: Former Minister of National Defense Kim Yong-hyun / News1