Former Minister Kim Yonghyun Sentenced to 3 Years in First Trial for Delivering Secure Phone to Noh Sangwon

Request for Constitutional Review Dismissed

Kim Yonghyun, former Minister of National Defense, who was put on trial for receiving a secure phone during the December 3 Martial Law and ordering the destruction of related evidence immediately after the martial law was lifted, has been sentenced to a prison term in the first trial.

Kim Yonghyun, former Minister of National Defense, is seated at the first trial sentencing hearing held on the 19th at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Yonhap News Agency

On May 19, the 34th Criminal Division of the Seoul Central District Court (Presiding Judge Han Sungjin) sentenced former Minister Kim to three years in prison on charges of obstruction of official duties by fraudulent means and instigation of evidence destruction. Previously, the special investigation team for insurrection had demanded a five-year prison term for Kim at the sentencing hearing held on April 7. The court explained, "As Minister of National Defense, Kim was required to uphold a high level of ethical standards, yet he abused his position to commit these crimes, which hindered efforts to uncover the substantive truth surrounding the declaration of martial law."

First, the court found that Kim’s act of receiving a secure phone from the Presidential Security Service and delivering it to former Defense Intelligence Command chief Noh Sangwon constituted obstruction of the Security Service’s legitimate security management work. The court stated, "Responsibility for the management of secure phones includes post-management to ensure security," and added, "Allowing an unauthorized individual to use a secure phone, which is cryptographic equipment, is a serious breach of security." The court especially noted that Kim, as a former chief of the Security Service, was fully aware of these security protocols yet intentionally leaked the secure phone.

The charge of instigating evidence destruction was also upheld, as Kim had ordered his aide to destroy documents and other materials immediately after the martial law was lifted. The court determined that Kim was aware of the accusations and the impending impeachment proceedings against him at the time, and therefore could reasonably have anticipated future criminal prosecution.

The court dismissed Kim's request for a constitutional review, and also rejected claims of "double jeopardy" and "improper prosecution."

Meanwhile, immediately after the sentencing, Kim’s defense team announced their intention to appeal, stating, "This case was hastily prosecuted by the special investigation team without proper investigation, simply to prevent the expiration of the detention period."

This content was produced with the assistance of AI translation services.