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Legal Battle: Former Drone Commander Kim Yong-dae’s Dismissal Challenged in Court

Daniel Kim Views  

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 News1 Kim Sung-jin
 News1 Kim Sung-jin

Kim Yong-dae, the former commander of drone operations (major general) who was dismissed over allegations that he led drone missions into Pyongyang ahead of the Dec. 3 emergency martial law declaration, asked the court for a stay of enforcement — a request the court rejected.

The Seoul Administrative Court, Administrative Division 4 (Presiding Judge Kim Young-min) on the 24th dismissed Kim’s application for a stay of enforcement. He filed the request alongside a lawsuit seeking to overturn his dismissal.

A stay of enforcement temporarily suspends the effect of a disciplinary measure while follow-up proceedings, such as a cancellation suit, are pending.

The court said the evidence Kim submitted did not demonstrate he would suffer irreparable harm or show an urgent need to suspend the disciplinary action. It added that suspending the measure could pose a significant risk to the public interest.

The judges also noted that any reputational damage caused by the disciplinary action could largely be remedied if Kim prevails in the main case.

With the court’s denial, Kim’s dismissal will likely remain in effect until the outcome of the cancellation suit.

Kim is on trial over allegations that, under orders from former President Yoon Suk Yeol and former Defense Minister Kim Yong-hyun, he led provocative operations in October 2024 that repeatedly sent drones to Pyongyang.

The Defense Ministry said last month it imposed heavy disciplinary measures on one general who was indicted without detention on charges including abuse of authority and obstruction of the exercise of rights.

Kim Bong-gyu, a former colonel and head of the Intelligence Command’s Central Press Unit who reportedly attended the so-called “Lotteria meeting,” also filed a cancellation suit and a stay application to contest his dismissal. The court dismissed his stay request on Feb. 27.

The court denied a stay request from Maj. Gen. Jeong Hak-seung, former director of the Army Mobilization Staff, who was hit with a three-month suspension. It also recently dismissed or denied stay applications from Brig. Gen. Park Seong-hoon, the Army’s public affairs chief (one-month suspension), and Brig. Gen. Cho Jae-myung, former head of the Army Cyber Operations Center.

According to documents the Defense Ministry provided to Rep. Chu Mi-ae of the Democratic Party, as of the 13th, seven of the 37 military officers who received heavy disciplinary measures over their alleged roles in the emergency martial law have filed cancellation suits.

The group includes former Intelligence Command commander Moon Sang-ho (major general) and former counterintelligence unit chief Yu Jae-won (colonel).

Under the Administrative Litigation Act, cancellation suits must be filed within 90 days of notice of the disciplinary action or within one year of the action itself, so the number of lawsuits could still increase.

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