Former defense minister arrested on suspicion of leading a rebellion, etc. Court rules that ”prosecutors can investigate rebellion charges” = South Korea

Former South Korean Defense Minister Kim Yong-hyun was the first person to be arrested in connection with the December 3 state of emergency. A court ruled that prosecutors could open an investigation into charges of treason.
The Seoul Central District Court announced on the 11th that it had issued an arrest warrant for Kim on the 10th, citing concerns that he might destroy evidence.
"We took into consideration the level of suspicion of the crime, the seriousness of the crime, and the risk of concealing or destroying evidence," the prosecution explained. On the 9th, the prosecution indicted Kim on charges of engaging in important duties related to a civil war and of abusing power and obstructing the exercise of rights.
The warrant states that Kim is suspected of conspiring with President Yoon Seok-yeol to incite riots with the intent of disrupting national order.
Judge Minami ruled that the prosecution can investigate the December 3rd state of emergency. The judge stated, "I have determined that it is within the scope of crimes that the prosecution can launch an investigation into."
Due to the adjustment of investigative powers between the prosecution and the police, the scope of direct investigations by the prosecution has been limited to "major crimes" defined by presidential decree in 2022, raising controversy that the prosecution cannot investigate crimes of treason.
Judge Minami ruled that the prosecution could begin an investigation into the crime of treason based on Article 4, Paragraph 1, Item 1 of the Public Prosecutor's Office Act. The state of emergency on December 3rd was a direct crime against police officers.
A Seoul Central District Court official explained, "The intent is that this crime is directly related to the crimes of police officers, including the Commissioner General of the National Police Agency, and falls within the scope of the initiation of an investigation under the Prosecutor's Office Act."
The prosecution claims that the charges of abuse of power as defense minister and the charge of treason are closely related. Kim turned himself in to the special investigation headquarters of the prosecution at around 1:30 a.m. on the 8th and was subsequently arrested after undergoing an investigation.
The prosecution requested an arrest warrant late on the 9th, before 48 hours had passed since his emergency arrest. Kim did not attend the pre-arrest questioning (substantive warrant review) scheduled for 3 p.m. on the 10th.
In his statement, Kim said, "I deeply apologize for causing great anxiety and inconvenience to the people," and added, "I take full responsibility for this incident. My subordinate soldiers have been following my orders.
I was simply being faithful to the duties that were given to me, and I would like to ask for leniency."