Former Minister of National Defense Kim Yong-hyun was sentenced to 30 years in prison in the first trial related to the Dec. 3 martial law crisis. In the case that indicted a key figure who, as a former soldier, assisted former President Yoon Suk-yeol and was involved in preparing and carrying out the declaration of martial law, the heaviest sentence among the military and police leadership who were tried together was handed down.
The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Jee Kui-youn) on the 19th sentenced the former Minister to 30 years in prison on charges of engaging in important duties in an insurrection and abuse of authority to obstruct the exercise of rights. The special counsel for the insurrection had sought life imprisonment for the former Minister.
◇ "Kim Yong-hyun encouraged Yoon's irrational resolve"
The court summarized the former Minister's role as "leading preparation." The court said, "The former Minister took the lead in preparing this martial law, planned in advance to deploy the military to the National Assembly, the National Election Commission (NEC), and the Democratic Party of Korea headquarters, and appears to have independently prepared a separate plan to proceed with an investigation into alleged election fraud," adding, "It also appears there was an aspect of encouraging Yoon Suk-yeol's irrational resolve from the side."
In the indictment, the special counsel viewed the former Minister as having performed an "important duty" in the process of executing martial law in a manner that restricted the functions of constitutional institutions. Prosecutors charged that the former Minister obstructed the National Assembly's resolution to lift martial law and planned and ordered the deployment of troops from the Army Capital Defense Command and the Special Warfare Command to remove servers from the National Election Commission (NEC). Allegations that there were attempts to blockade and seize control of the National Assembly and the NEC were also addressed.
The alleged formation and operation of arrest teams for major figures also emerged as a key issue. The indictment included allegations that the former Minister dictated to former Defense Counterintelligence Commander Yeo In-hyung a list that included President Lee Jae-myung (then Democratic Party of Korea leader), National Assembly Speaker Woo Won-shik, and former People Power Party leader Han Dong-hoon, and ordered their arrest and detention.
◇ Noh Sang-won "Brought in the intelligence command despite being a civilian"
Former Defense Intelligence Command Commander Noh Sang-won, who was indicted together on charges of pre-arranging martial law, was sentenced to 18 years in prison. The special counsel had sought 30 years for the former commander.
The court explained, "The former commander, together with the former Minister, also drew up meticulous plans for investigations into alleged election fraud and, despite being a civilian, inflicted harm by roping in many people, including personnel of the intelligence command, as a way to flaunt influence." It added, "It appears the former commander discussed the overall matters related to martial law and played a leading role." However, the court said it considered in sentencing that the former commander did not directly participate in riotous acts such as deploying the military.
On Dec. 3, 2024, the day martial law was declared, the former commander is also accused of ordering missions related to allegations of election fraud after martial law, including occupying the NEC and arresting staff, and establishing the 2nd Investigation Division under the Martial Law Command Joint Investigation Headquarters, at a Lotteria in Ansan, Gyeonggi Province.
The 2nd Investigation Division was identified as a unit that was to be set up under the Joint Investigation Headquarters of the Martial Law Command after the declaration of martial law to investigate allegations of the NEC's involvement in election fraud. The court also mentioned in sentencing the need to consider parity since a separate trial is underway. In connection with this, the former commander was sentenced on the 12th to two years in prison on appeal in a separate case related to forming the 2nd Investigation Division.
◇ Police Commissioner Cho Ji-ho and Seoul Commissioner Kim Bong-shik also "found guilty"
Heavy sentences were also handed down to the police leadership who joined in carrying out martial law. The court sentenced former Korean National Police Agency Commissioner Cho Ji-ho to 12 years and former Seoul Metropolitan Police Agency Commissioner Kim Bong-shik to 10 years. The special counsel had sought 20 years for the former commissioner and 15 years for the former commissioner, respectively.
Regarding the former commissioner, the court said, "Although the former commissioner was the top person responsible for the police, far from scrutinizing the proclamation order, he blocked access to the National Assembly based on it, and it is hard to find that civilians were protected," adding, "On the contrary, the police were made to assist the military's access to the National Assembly."
Regarding the former commissioner as well, the court said, "Following orders, the police were dispatched to the National Assembly and the blocking of access to the National Assembly was led," adding, "There is ample room for criticism, including having even the guard unit, which had the mission of guarding the National Assembly, participate in restricting access to it." However, the court added that it took into account as favorable circumstances that the two only learned on the day martial law was declared about the military's deployment to the National Assembly, that the access control period was relatively short, and that they had served as public officials for a long time.
Mok Hyun-tae, former head of the National Assembly Guard Unit at the Seoul Metropolitan Police Agency (senior superintendent), who took part in restricting access to the National Assembly, was sentenced to three years in prison. The court found that the former guard commander at least implicitly recognized that his actions would obstruct and paralyze National Assembly activities, as he received direct protests from National Assembly Secretariat officials and witnessed circumstances in which the military was allowed access.
By contrast, former 3rd Field Army Command Provost Marshal (colonel) Kim Yong-gun and former Korean National Police Agency National Office of Investigation (NOI) Investigation Planning and Coordination Officer Yoon Seung-young were acquitted. The court found it hard to conclude the two shared an awareness of undermining the constitutional order and ruled that evidence to prove it was lacking.