A Seoul court is set to decide Tuesday whether to issue an arrest warrant for former Defense Minister Kim Yong-hyun over his role in President Yoon Suk Yeol's martial law declaration in what would be the first court judgment on the case.

Kim is suspected of having colluded with Yoon to stage an insurrection as Yoon declared emergency martial law last Tuesday, which was rejected by the National Assembly and lifted hours later.

The Seoul Central District Court is set to convene a hearing to review whether to formally arrest Kim. The result is expected to come out as early as late Tuesday.

Prosecutors have questioned Kim for a third time on insurrection, abuse of power and other charges. He was taken into custody Sunday after voluntarily appearing for a probe.

He is accused of engaging in "essential" activities in alleged treason. Kim reportedly conceded during the probe that he proposed martial law to Yoon but claimed his actions were neither illegal nor unconstitutional.

If the court issues the arrest warrant, the prosecution's investigation into Yoon is expected to pick up pace. Yoon has been booked as a suspect in the martial law case on treason charges and barred from traveling overseas.

By law, the ringleader of an alleged insurrection could face the death penalty or imprisonment for life. Those who participate in plotting an insurrection or engage in other "essential" activities could be punished by death, with life imprisonment or a prison term of at least five years. (Yonhap)