Special counsel asks court to dismiss ex-defense minister's recusal request

Former Defense Minister Kim Yong-hyun speaks during a hearing of former President Yoon Suk Yeol's impeachment trial at the court in Seoul, Jan. 23. Courtesy of the Constitutional Court

The special counsel investigating former President Yoon Suk Yeol's imposition of martial law asked a Seoul court Monday to dismiss former Defense Minister Kim Yong-hyun's request for the recusal of court judges ahead of his arrest warrant hearing.

Earlier in the day, Kim's lawyers filed the recusal against the entire bench of the Seoul Central District Court's 34th Criminal Division, saying it is only focused on arresting people and conducting a quick and unfair trial.

Kim has been detained since Dec. 27 and standing trial on charges of insurrection for recommending martial law to Yoon and drafting the decree.

In response to Kim's request, special counsel Cho Eun-suk submitted an opinion for its dismissal, arguing that the move is "clearly" an attempt to delay court proceedings, which should not be halted.

Under the law, a court may dismiss a recusal request if it is clearly aimed at impeding court proceedings.

Kim's six-month arrest is set to expire June 26. But Cho additionally indicted Kim last week on charges of obstruction of official duties and abetting the destruction of evidence in connection with the martial law imposition.

Cho then asked the court to issue an arrest warrant for Kim, and his arrest warrant hearing was set to be held at 2:30 p.m. Monday.