Former Minister of National Defense Kim Yong-hyun and former Commander of the Defense Counterintelligence Command Yeo In-hyeong have been additionally arrested in connection with the 'Pyongyang Drone' allegations. Attention is now focused on whether President Yoon Suk-yeol, who has been indicted in the same case, will also be subject to additional arrest. [Photo=Yonhap News]

As former Minister of National Defense Kim Yong-hyun and former Commander of the Defense Counterintelligence Command Yeo In-hyeong have been additionally arrested in connection with the 'Pyongyang Drone' allegations, attention is focused on whether President Yoon Suk-yeol, who has been indicted in the same case, will also face additional arrest. 

With the same court panel presiding over the cases of former Minister Kim and former Commander Yeo also deciding on the arrest of former President Yoon, the court's application of standards is drawing attention.

The Criminal Division 36 of the Seoul Central District Court (Presiding Judge Lee Jeong-yeop) issued additional arrest warrants for former Minister Kim and former Commander Yeo on the 24th. The reason for the arrest cited the necessity of preserving evidence during the investigation. The court did not rule on the guilt or innocence of the alleged crimes, but acknowledged the arrest solely based on this reason.

Former Minister Kim and former Commander Yeo were already under arrest and on trial for charges including engaging in a mission of importance related to insurrection. Their original detention periods were set to expire on December 25th and January 2nd, 2026, respectively. With this decision for additional arrest, their detention will be extended beyond these expiration dates.

The special prosecutor's team additionally indicted them on the grounds that they abused their authority in directing military operations related to drones in October last year, which consequently heightened military tensions between the North and South and impacted national security.

However, this is an assertion made during the special prosecutor's investigation and indictment stages, and the court has not yet ruled on the substance of these charges.

In relation to this case, former President Yoon Suk-yeol has also been indicted in the same case. The hearing for the additional arrest warrant for former President Yoon was also handled by Criminal Division 36, which is presiding over the cases of former Minister Kim and former Commander Yeo, and took place on the 23rd. After the hearing, the court requested both parties to submit additional written opinions, and a decision on whether to proceed with additional arrest is expected to be made after the end of this month.

However, a cautious perspective is also emerging, suggesting that it may be difficult to assess the additional arrest of former President Yoon on the same footing as the cases of Kim Yong-hyun and Yeo In-hyeong. This is because, in former President Yoon's case, the specific content and nature of the abuse of authority charges differ from those of former Minister Kim and former Commander Yeo, and the very fact of direct involvement in drone operations is a matter of dispute.

Unlike former Minister Kim and former Commander Yeo, who were identified as direct command and execution entities within the military chain of command, the issue for former President Yoon starts with whether he received reports or granted approval. This difference in the point of contention may lead to a different judgment regarding the grounds for arrest, according to analysis.

In this regard, a former senior prosecutor stated, "Based solely on criminal law logic, it would be difficult to judge the grounds for arrest for former President Yoon using the same criteria as for former Minister Kim and former Commander Yeo." He added, however, "Given the nature of the case, there is a significant possibility for non-judicial factors to be involved, making it difficult to completely rule out the possibility of an extended period of detention."

Ultimately, the decision on whether to impose additional arrest on former President Yoon is expected to depend on how the same court panel differentiates and judges the extent of involvement of the defendants within the same case, and to what degree the necessity of preserving evidence will be recognized.

The expiration date for former President Yoon's detention period is January 18, 2026.

By Kim Young