Kim’s Side Claims “Constitutional Court Cannot Receive Records of Ongoing Cases”
(Seoul = News1) Reporter Seo Han-saem = Former Minister of Defense Kim Yong-hyun’s appeal for a stay of execution against sending his investigation records to the Constitutional Court was dismissed by the court.
On the 21st, the Seoul Administrative Court’s Division 3 (Chief Judge Choi Soo-jin) dismissed former Minister Kim’s application to stop the transfer of investigation records to the Seoul Central District Prosecutor.
A dismissal refers to ending legal proceedings without a judgment on the merits if the lawsuit does not meet necessary requirements.
Kim’s side argued that, under current law, the Constitutional Court cannot receive records for cases under trial or investigation. They claimed that the prosecution illegally sent the investigation records.
They also criticized the Constitutional Court for making illegal decisions and arbitrarily interpreting related regulations. On the 10th, they filed a lawsuit to cancel the disposition of sending the investigation records to the Seoul Administrative Court and requested a stay of execution.
Previously, the Constitutional Court had adopted a request for certified copies from the prosecution before the impeachment trial of President Yoon, securing his investigation records.
The Constitutional Court Act (Article 32) states that “The court can request the provision of records or materials from other national agencies or public organizations if needed for judgment” but includes a proviso that “Records of cases under trial or criminal investigation cannot be requested for transmission.”
However, the Constitutional Court stated there is no issue, as they received former Minister Kim’s investigation records based on Articles 39 and 40 of the court rules, which allow for the request of copies if submitting the original is difficult.