The special counsel investigating the insurrection case team determined that the allegation that Chief Justice Jo Hee-de supported the Dec. 3 martial law was not true. The case in which a civic group accused Chief Justice Jo and National Court Administration Director Chun Dae-yup of engaging in important duties related to insurrection was dismissed with no charges.
Special Counsel Investigator Park Ji-young of the special counsel investigating the insurrection case said this about the allegations Chief Justice Jo faced regarding martial law after announcing the findings of the investigation into insurrection and treason charges related to the Dec. 3 martial law at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, on the morning of the 15th.
Special Counsel Investigator Park said, "There is no indication that Chief Justice Jo or Director Chun and others held an executives' meeting to prepare or discuss measures related to martial law at the time."
According to the special counsel team, Chief Justice Jo arrived at the Supreme Court building at 12:40 a.m. on Dec. 4 last year, and Director Chun arrived around 12:50 a.m. On the same day at 12:33 a.m., a news report said "the Supreme Court is reviewing criminal trial jurisdiction under the martial law situation," and at 12:46 a.m., a Supreme Court official was reported as saying that the court "will review it in accordance with the instructions of the martial law commander and the martial law manual." On that basis, Special Counsel Investigator Park said, "There is no indication that an executives' meeting was convened to take preparatory measures for martial law."
Park also said, "It was confirmed that the request to dispatch a liaison officer from the Martial Law Command was made to Supreme Court working-level officials in accordance with the manual," adding, "The Martial Law Command requested (liaison officers) from 29 ministries. The Supreme Court at the time expressed its intention to refuse."
The special counsel also declined to indict in the case in which Presiding Judge Jee Kui-youn of the Seoul Central District Court was accused after revoking the detention of former President Yoon Suk-yeol, saying it found no fact that the decision to revoke detention was made in collusion with members of the judiciary.
However, in the case of former Prosecutor General Shim Woo-jung, who was accused of failing to file an "immediate appeal," a procedure to contest Presiding Judge Jee's decision to revoke detention, among other allegations, the special counsel team decided not to dispose of the case and to refer it to the National Office of Investigation (NOI) for additional investigation to determine the level of disposition. This measure takes into account that many members of the special investigation team of the prosecution's special investigation headquarters under former Prosecutor General Shim at the time have joined the special counsel team, which could raise concerns about fairness.