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Stakes rise in Dec. 3 probe as new special counsel slaps ex-defense chief with more charges

Published: 19 Jun. 2025, 19:23

Former Defense Minister Kim Yong-hyun speaks during President Yoon Suk Yeol's impeachment trial at the Constitutional Court in Jongno District, central Seoul, on Jan. 23. [CONSTITUTIONAL COURT]

Just six days into his tenure, Korea’s new special prosecutor Cho Eun-seok indicted former Defense Minister Kim Yong-hyun on additional charges tied to an alleged Dec. 3 martial law conspiracy, signaling a swift and aggressive turn in the high-stakes investigation.

Cho, appointed to lead a special probe into the martial law incident, charged Kim with obstruction of justice by fraud and incitement to destroy evidence. The indictment came Thursday, one day after Cho officially launched the investigation.

The special counsel’s office also plans to request a new arrest warrant for Kim to prevent his unconditional release when his current detention period ends on June 26. The special counsel’s office also said it would request a new arrest warrant for Kim, whose current detention is set to expire on June 26, raising concerns that he could walk free without restrictions.

Kim is accused of deceiving the presidential security service to obtain a secure mobile phone on Dec. 2 last year and passing it to Noh Sang-won, a former chief of the Defense Intelligence Command (DIC) who had retired from the military. The previous special investigation unit found that Kim obtained the phone through former deputy chief of the presidential security service, Kim Sung-hoon, and gave it to Noh.

Kim Yong-hyun is suspected of using the secure phone to communicate with Noh, who was allegedly leading a second investigative unit tasked with probing the National Election Commission (NEC) over election fraud claims.

Kim is also accused of ordering the destruction of relevant documents and the changing of mobile devices after martial law was lifted on Dec. 5, 2024. The special counsel uncovered this during questioning of Kim’s close aide, surnamed Yang, who said Kim ordered the disposal of documents and instructed the destruction or replacement of phones and laptops — reportedly “smashed with a hammer.”

After his appointment on June 12, Cho coordinated with police and prosecutors to obtain investigation records related to Kim and began the formal probe on Wednesday. Among the three special counsel investigations — on the alleged martial law plot, first lady Kim Keon Hee, and the death of a Marine — Cho’s team is the first to begin full-scale investigative activities.

Armed martial law troops are seen attempting to enter the National Assembly building in Yeouido, western Seoul on Dec. 4, 2024. [YONHAP]

Kim’s legal team has strongly objected, saying they plan to file charges against Cho for abuse of power with the Seoul Central District Prosecutors’ Office. “The special counsel is still in the preparation phase and does not have the legal authority to indict,” the lawyers said. “This is a clear abuse of power, and Cho should resign and face investigation himself.”

The urgency appears to stem from concerns that Kim could be released without restrictions when his initial six-month detention period expires on June 26. He was indicted last December on charges of participating in a rebellion and abuse of power.

The Seoul Central District Court conditionally approved Kim’s release on Monday under strict terms to prevent flight risk or evidence destruction. Kim rejected the decision, calling it “de facto extension of detention,” and appealed.

If a new arrest warrant is not issued, Kim could be released without conditions. The court is expected to decide whether to merge the new case with the ongoing one and may have the same panel review the new arrest request.

Several other military and police officials facing rebellion-related charges — including former Capital Defense Commander Lee Jin-woo, former Army Chief of Staff Park An-su, and former Defense Counterintelligence Commander Yeo In-hyung — also face the end of their detention periods later this month. Observers believe the special counsel may seek new indictments to keep them detained.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff.
BY KIM BO-REUM [[email protected]]