The special counsel investigating the insurrection case (Special Counsel Cho Eun-suk), which has investigated the insurrection and foreign aggression cases related to the Dec. 3 martial law, concluded that former President Yoon Suk-yeol declared martial law to monopolize and maintain power. It also saw resolving his and his wife Kim Keon-hee's "legal risk" as one of the motives. However, it concluded that the allegation that Kim colluded with the former president in advance on martial law was not true. The special counsel team secured testimony that after martial law was declared, Kim expressed anger at the former president.
On the morning of the 15th, at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, Special Counsel Cho briefed reporters, saying, "As a result of the investigation, Yoon Suk-yeol and others prepared for martial law from before Oct. 2023," and "We confirmed that they declared martial law for the purpose of monopolizing and maintaining power by using the military to forcibly halt political activities and the functions of the National Assembly, seizing legislative and judicial powers through an emergency legislative body to replace the National Assembly, and then removing opposing forces."
◇ "Yoon and Kim Yong-hyun decided to impose martial law regardless of last April's general election results"
According to the special counsel team, at a dinner with People Power Party leaders on Nov. 25, 2022, the former president voiced hostility, saying, "There are emergency powers. Even if I get executed by firing squad, I will sweep them all away."
Former Minister of National Defense Kim Yong-hyun and former Defense Intelligence Command chief Noh Sang-won discussed a plan for military personnel changes related to martial law in Oct. 2023. The former president and the former minister decided to impose martial law regardless of last April's general election results.
They also tried to create a pretext for declaring martial law by provoking a North Korean armed provocation, but failed because North Korea did not respond militarily. The special counsel team judged that Yoon and others branded political activity in the National Assembly as "anti-state acts" and "anti-state forces" plotting an insurrection and declared martial law.
◇ Testimony obtained that Kim Keon-hee, toward Yoon, raged, saying "You ruined everything"
The "monopolize and maintain power" motive for declaring martial law cited by the special counsel team also includes resolving legal risk. Park Ji-young, deputy special counsel on the insurrection case, said, "Monopolizing and maintaining power stems from a desire to do whatever one wants, and we believe that desire included resolving legal risk concerning himself and his spouse." Kim's legal risks include "interference in Myung Tae-gyun's nomination" and "Deutsch Motors stock manipulation."
However, the special counsel team determined that Kim did not engage in the martial law matter. After checking the call records of a military commander who attended gatherings at the presidential residence from August to November last year, the team found that Kim did not attend those meetings. Investigations of an administrative officer who assisted Kim and a plastic surgeon who visited on Dec. 3 last year, when martial law was declared, found no activities related to martial law.
The special counsel team secured testimony that Kim became furious with the former president for declaring martial law. Kim's close associates testified, "When martial law was declared, Kim Keon-hee and President Yoon Suk-yeol had a fierce fight," "(Kim to the former president) was very angry, saying, 'You ruined everything,'" and "(Kim) had many plans in mind, but everything was ruined by the declaration of martial law."
◇ Harsh criticism toward Han Dong-hoon… tried to fabricate last April's general election results as a rigged vote
During preparations for martial law, the former president and others abruptly replaced Minister of National Defense Shin Won-sik, who expressed opposition to martial law, with Kim Yong-hyun, then head of the Presidential Security Service.
The special counsel team judged that, to create a pretext for martial law and suspending the functions of the National Assembly, they formed an investigative unit centered on Defense Intelligence Command agents and tried to fabricate last April's general election results as a rigged vote by anti-state forces.
The former president also hurled harsh criticism at former People Power Party leader Han Dong-hoon. In July last year, he told former the Joint Chiefs of Staff (JCS) Vice Chairman Kang Ho-pil, "(The former leader is) a commie," and at a dinner with military commanders on Oct. 1 of the same year, he said, "Bring me Han Dong-hoon. I will shoot him dead."
◇ Choosing the martial law date, special counsel team says "the October Yusin also fell during a U.S. presidential election"
The special counsel team assessed that carrying out martial law on Dec. 3 was intended to prevent U.S. involvement by taking into account the U.S. election calendar. Deputy Special Counsel Park said, "Considering that the 'October Yusin' also occurred during a U.S. presidential election, it appears they exploited the chaotic period after the U.S. presidential election and before the inauguration to block U.S. intervention." Last year's U.S. presidential election was on Nov. 5, and President Donald Trump was inaugurated on Jan. 20 this year.
At the time of last year's martial law crisis, former National Intelligence Service Director Cho Tae-yong was scheduled to depart for the United States on Dec. 4 to meet the incoming CIA director. Deputy Special Counsel Park said, "We found no trace of the shamanistic involvement rumored among the public," adding this.
◇ Chief Justice Jo Hee-de not indicted over alleged "support for martial law"
The special counsel team the previous day declined to indict Chief Justice Jo Hee-de, National Court Administration chief Chun Dae-yup, and others in a case filed by civic groups alleging important duties related to insurrection. It said it found no indication that Cho and others held executive meetings to prepare or discuss measures related to martial law. At the time, the Martial Law Command asked the Supreme Court working-level staff to dispatch a liaison officer, but the Supreme Court expressed its intent to refuse.
Deputy Special Counsel Park said, "There were reports that at about 12:46 a.m. on the 4th, they responded according to the martial law commander's instructions and the manual, but upon verification we found that Chief Justice Cho arrived at the Supreme Court building at 12:40 a.m. and Director General Chun arrived at 12:50 a.m.," adding, "Considering this, we determined it is difficult to see that discussions as reported by the media took place at a meeting presided over by the chief justice and the National Court Administration director."