A court has refused to issue a warrant to detain former Marine Corps Commandant Kim Kye-hwan, who is accused of giving false testimony in connection with an investigation into the death of a Marine in 2023. 

The Seoul Central District Court turned down the special counsel team’s warrant request on Tuesday, saying it’s hard to conclude that Kim poses a flight risk in light of his career, family relationships and cooperative behavior during the investigation. 

The court also said it’s difficult to see a risk that he will destroy evidence, considering the evidence secured so far, the progress of the investigation and his current position. 

The special counsel team requested the warrant on Friday last week, seeking to detain Kim on perjury allegations while citing risks of flight and evidence tampering.

Kim is accused of giving false testimony in a military court in February last year by denying that he relayed an angry rant from then-President Yoon Suk Yeol to Park Jung-hun, the top Marine investigator in charge of the investigation into the Marine corporal’s death.