Need for early launch of special investigation into insurrection - Release of Kim Yong-hyun on bail

The background of the special investigation on internal strife and the release of Kim Yong-hyun

Former Minister of National Defense Kim Yong-hyun, who was indicted on charges of insurrection and abuse of power, has been released through a conditional release decision by the Seoul Central District Court. This release, which came six months after his detention, is not just a simple legal measure but encompasses the legal and political implications for our society. The court opted for conditional release, citing that it would be difficult for the trial period to conclude within the detention period however, this also reveals flaws in the judicial system.

Rigorousness of the Gemstone Conditions and Political Responses

The bail conditions were very strict. A deposit of 100 million won, restrictions on residence, the possibility of electronic monitoring devices, a ban on leaving the country, a pledge to refrain from destroying evidence, and a prohibition on contacting relevant parties were all imposed. However, the fact that former Minister Kim Yong-hyun is set to stand trial without detention is a serious issue, and the Democratic Party commented that it is "truly regrettable and deplorable." This raises questions about the judiciary's response to serious charges of insurrection, going beyond just a personal case.

Delay in the special prosecutor's investigation and legal gap

The current special investigation into the internal conflict has not officially launched. President Lee Jae-myung has already appointed the 'three major special investigations,' which include the internal conflict, Kim Geon-hee, and Chae Sang-byeong cases. However, the legal point at which they can exercise their investigative powers and request arrest warrants is after the official launch. Therefore, the re-arrest of former Minister Kim Yong-hyun and the investigation of former President Yoon Suk-yeol are currently impossible. This legal gap between the expiration of detention and the initiation of investigations shows that the state is unable to respond promptly to acts of constitutional destruction.

The Necessity of Early Investigation and Political Decision

It is very important to advance the start of the special investigation even by a day. The 'Three Major Special Investigation Laws' have already passed the National Assembly, and the usual 30 days required for office setup and personnel assignment is not a legal requirement. If there is cooperation and political decision-making among the Presidential Office, the Ministry of Justice, and the special investigation team, an early investigation is possible, and pressure from the National Assembly may also be necessary. Investigations conducted under detention are essential for achieving legal justice.

The Meaning of Civil War and the Need for Judicial Approaches

Insurrection is not merely a crime it is an attempt to overthrow the constitutional order. Therefore, it is a minimal measure that satisfies legal legitimacy and public interest for the accused to be investigated while in custody on these charges. Former Minister Kim Yong-hyun was subject to contact prohibitions, but it is realistically difficult to completely block indirect influence from the outside. The crucial point is that former President Yoon Seok-yeol has not been subjected to arrest measures despite being a target of investigation. This further amplifies the public's suspicions.

Importance of the Special Counsel's Launch and the Responsibilities of the State

The swift launch of the special investigation into the insurrection is not merely a matter of political choice. It is a constitutional duty of the state and a historical responsibility to uphold the foundations of democracy. The release of former Minister Kim Yong-hyun has exposed the technical limitations of the judicial system to the general public, leading to anxiety and anger among the citizens. Therefore, the special investigation cannot be delayed any longer and must immediately commence the investigation, holding all those involved in the insurrection accountable under the law.