Kim Yong-hyun reverses stance after exercising National Assembly's cross-examination veto, citing "possibility of distortion"

Former Minister of National Defense Kim Yong-hyun, who appeared at the 4th hearing of the Constitutional Court impeachment trial, initially refused cross-examination by the National Assembly’s impeachment prosecutors on the 23rd but later reversed his stance. While he actively responded to questions from President Yoon Seok-yeol’s legal team, he expressed a desire to refuse questioning personally, citing an ongoing criminal trial against him.

Yonhap News

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After the main questioning by President Yoon’s side ended and the National Assembly’s side was about to begin cross-examination, Kim said, "I have a request," adding, "I am currently undergoing a personal criminal trial. If I respond to the cross-examination, there is a high possibility that facts will be distorted, so I would like to refuse the witness examination." In response, Acting Chief Justice Moon Hyung-bae pointed out whether Kim had not responded to the questioning by President Yoon’s side, to which Kim explained, "Because martial law is an inherent right guaranteed to the president by the constitution, I thought it was proper to testify and therefore waived my right to refuse."

Acting Chief Justice Moon then warned that if the right to refuse is exercised, judges generally tend to evaluate the credibility of the witness lower, and called for a six-minute recess. After discussing with other justices, upon returning, Moon said, "The witness has the right to refuse, and the petitioner has the right to question," adding, "The petitioner may exercise the right to question, and the witness may listen and then exercise the right to refuse."

Following Acting Chief Justice Moon’s suggestion, President Yoon’s side persuaded Kim that it would be better to respond to the witness examination, and Kim changed his stance, agreeing to respond to the cross-examination. He then continued to answer questions from the National Assembly’s side. Meanwhile, when Kim’s lawyer appeared to whisper advice regarding the testimony during the National Assembly’s questioning, Acting Chief Justice Moon intervened to stop this. Kim’s lawyer requested permission to exercise the right to assist, but Moon firmly rejected, saying, "Advice cannot be given during testimony."

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