The special investigation team, led by Special Prosecutor Cho Eun Seok, has failed to secure custody of Kim Yong Dae, commander of the Drone Operations Command of South Korea, who is suspected of involvement in drone infiltration operations into North Korea.
On Monday at around 8:32 PM, Judge Nam Sejin of the Seoul Central District Court denied the request for an arrest warrant for Commander Kim on charges including the fabrication of false official documents.
Judge Nam explained his decision, citing that the facts are largely acknowledged, key evidence has been collected, and considering the suspect’s cooperation during the investigation, his career, residence, and family ties. He added that detention at this stage would excessively limit the right to defense.
The judge conducted a two-and-a-half-hour pre-trial detention hearing starting at 3 PM that day.
Commander Kim, who had been urgently arrested earlier, appeared in court from the Seoul Detention Center. Seven members of the special investigation team, including Special Prosecutor Kim Hyung Soo and Deputy Chief Prosecutor Oh Sang Yeon, were present.
During the hearing, Commander Kim reportedly acknowledged most of the charges related to the fabrication and use of false official documents, emphasizing that he posed no risk of evidence tampering or flight.
Previously, the special investigation team probing the insurrection and treason incident linked to the December 3 martial law crisis had urgently arrested Commander Kim on July 18th and sought an arrest warrant on Sunday for charges including the fabrication of false official documents.
The team reportedly levied five charges against Commander Kim, including fabrication and use of false official documents, issuing false orders under military law, abuse of authority, falsification of public electronic records, and damage to government property.
The team stated after filing for the warrant that they had requested it based on confirmed criminal facts warranting custody.
Investigators believe Commander Kim conspired with former President Yoon Suk Yeol and former Defense Minister Kim Yong Hyun to deploy drones into Pyongyang, North Korea, to provoke military action. The warrant application reportedly alleged that Commander Kim and others attempted to cover up the incident after executing drone infiltration operations into Pyongyang.
The special investigation team’s failure to secure Commander Kim’s custody marks a setback in their probe of treason allegations against former President Yoon Suk Yeol.
However, as Commander Kim has reportedly admitted to some charges, such as deleting flight records of drones sent to North Korea and subsequently lost, further investigations are expected.
Given that an arrest warrant for Commander Kim had been previously issued, prosecutors may consider reapplying for a detention warrant after reviewing the reasons for this rejection.
Deputy Special Prosecutor Park Ji Young stated during a press briefing that the drone aspect is specifically mentioned in the investigative mandate under the Special Prosecutor Act, making this inquiry unavoidable. She explained that the investigation team is proceeding with extreme caution given the national security implications.
Following raids on the Ministry of National Defense and the Drone Operations Command on July 14th, the special investigation team continues to question military personnel within their jurisdiction in coordination with prosecutors.