The Democratic Party of Korea filed a complaint on Nov. 9 against President Yoon Suk Yeol and former Minister of National Defense Kim Yong-hyun accusing them of violating the penal code's general espionage charges.
The Democratic Party's Kim Byung-joo, senior committee member, along with Lee Yong-woo, Lee Tae-hyung, Park Kyun-taek, the law committee chairperson, and Lee Geon-tae, the party's legal spokesman, submitted the complaint during their visit to the Korean National Police Agency's National Investigation Headquarters in Seodaemun-gu, Seoul.
Article 99 of the penal code, general espionage charges, is categorized under 'crimes of foreign aggression.' It stipulates that those who harm South Korea's military interests or provide military advantages to hostile nations may face imprisonment for life or for no less than three years. Presidents are exempt from prosecution while in office, with treason and crimes of foreign aggression being exceptions.
Chairperson Lee Yong-woo explained the indictment of President Yoon and former Minister Kim on espionage charges, noting that "reports suggest attempts to initiate skirmishes with the North by deploying drones into Pyongyang and launching balloons carrying waste to target sites." Lee added that "this potentially exposed South Korea to a grave security risk, akin to military aggression."
The Democratic Party also filed additional charges against Prime Minister Han Duck-soo for alleged treason. The party asserted, "The Martial Law Act requires the deliberation of the Cabinet Council in declaring martial law. Prime Minister Han participated in this Cabinet Council deliberation and is thus implicated as either a principal conspirator or someone abetting the treasonous plot."
Democratic Party lawmaker Park Seon-won, alongside fellow lawmaker Kim Byung-joo, accused National Intelligence Service Director Cho Tae-yong of treason and abuse of authority before the National Investigation Headquarters. Park argued, "Director Cho attended a Cabinet Council meeting concerning the enactment of emergency martial law, despite not being eligible to participate. This was done with the knowledge that President Yoon and former Minister Kim's martial law proclamation plan was both unconstitutional and illegal, showing involvement and complicity in the treason conspiracy."