According to the Chosun Ilbo, Kim suggested that even absent a specific clause, a similar application is possible—drawing attention because it intersects with procedural issues in an ongoing trial.

Dismissal of prosecution is a court's decision to end a case without ruling on the merits when procedural requirements are flawed. Strict conditions make actual use rare.

Some lawyers urge caution based on the clause's wording and intent; others read room to apply it where procedural defects are clear.

Hwagyo Sibo renders no verdict or political judgment on any trial, presenting the existence of the debate and both readings in balance.

The dispute is a fine point of Korean judicial procedure, which for general readers can illuminate concepts of criminal process.