Special Prosecutor Cho Eunseok Submits Opinion on Kim Yonghyun's Motion for Recusal, Citing "Intent to Delay"
Cho Eunseok Special Prosecutor Requests Dismissal of Recusal Motion
Cites Trial Delay and Urgency of Proceedings
Cho Eunseok, the special prosecutor for the insurrection case, submitted an opinion to the court on the 23rd requesting the dismissal of a motion for recusal filed by the legal team of former Defense Minister Kim Yonghyun ahead of his detention warrant hearing.
The special prosecutor announced to the press on this day, "Regarding the motion for recusal against the court by former Minister Kim, we have submitted an opinion stating that, under Article 20, Paragraph 1 of the Criminal Procedure Act, the act is clearly intended to delay the trial, and that, as stipulated in the proviso of Article 22, since this is an urgent case, the proceedings should not be suspended."
According to the Criminal Procedure Act, if a motion for recusal is clearly intended to delay the trial, the court may dismiss it by decision.
If the motion is not immediately dismissed, another court is assigned to review the recusal request, and as a rule, the proceedings are suspended until a decision is made.
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However, even in such cases, the proceedings may exceptionally continue if the situation is urgent.
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