Former Minister of National Defense Kim Yong-hyun appears as a witness and speaks at the December 30 hearing in the case alleging former President Yoon Seok-yeol was the ringleader of insurrection. Provided by the Seoul Central District Court

The constitutional complaint filed by former Minister of National Defense Kim Yong-hyun, asserting that ‘the special-act provision requiring the establishment of a dedicated panel for insurrection cases is unconstitutional,’ will now receive a formal ruling from the Constitutional Court.

According to Kyunghyang Shinmun reporting on the 4th, the Constitutional Court decided on the 2nd to refer to the full bench the constitutional complaint filed by Kim's side against certain provisions of the Special Act on criminal procedure for crimes such as insurrection, treason, and rebellion (the Special Panels for Insurrection Cases Act). Referral for adjudication means the Court, having examined the petition's formal requirements, is beginning a substantive (on-the-merits) review.

Under the Constitutional Court Act, a designation panel of three justices conducts a preliminary review to determine whether a constitutional complaint satisfies the formal requirements; if the petition is deemed admissible, the case is transferred to the full bench, in which all justices take part.

Kim's defense team on the 8th of last month applied to the Seoul High Court Criminal Division 12-1 (presiding judge Lee Seung-cheol) for a referral for constitutional review of the statute. However, on the 13th of the same month, the court dismissed the application, finding that the insurrection case required uniformity and expertise and that the special act assigning such cases to a designated panel fell within the legislature's discretion. Kim's side then filed a constitutional complaint with the Constitutional Court.

A referral for constitutional review of a statute allows the Constitutional Court to examine the constitutionality of a law applicable to a case pending in the ordinary courts. If a defendant requests this and the court dismisses or rejects it, they may file a constitutional complaint with the Constitutional Court.

Previously, in April, the Constitutional Court also referred to the full bench the constitutional complaint that former President Yoon Seok-yeol filed regarding the same provision. The Court is expected to hear together the constitutional complaints filed by former President Yoon and former Minister Kim and deliver a final decision.