Former Minister of National Defense Kim Yong-hyun. Provided by the Constitutional Court.  

A hearing will be held on the 26th to review whether to summarily dismiss the recusal motion filed by former Minister of National Defense Kim Yong-hyun's legal team with the rebellion trial court, who is indicted on charges of participating in the December 3rd martial law.

According to legal circles on the 25th, the Criminal Division 25 of the Seoul Central District Court (Presiding Judge Ji Gwi-yeon) decided to hold the hearing for the recusal motion at 2 p.m. on the 26th.

After the hearing on this day, the court is expected to decide whether to summarily dismiss the motion.

Recusal is a system under the Criminal Procedure Act where the prosecutor or the defendant can request the exclusion of a judge if there is a concern that the judge may render an unfair trial.

Normally, a recusal motion is judged by a different court, but if it is deemed that the purpose of delaying the lawsuit is clear, the presiding court (Criminal Division 25) can make a summary dismissal decision.

If Criminal Division 25 does not issue a summary dismissal decision, the case will be assigned to another court within the Central District Court to decide whether to change the court.

Previously, on the 18th, Kim's legal team raised an issue during the trial for charges of engaging in important rebellious duties, stating that the special prosecutor team used pseudonyms in the investigation records, and requested a suspension of the trial.

When the court did not accept this, Kim's legal team filed a motion to recuse the court.

Yonhap News