On the 2nd, the second special counsel investigation team led by Kwon Chang-young indicted without detention former Chair Kim Myung-soo of the Joint Chiefs of Staff (JCS) on charges of participating in insurrection. The special counsel team also indicted and detained former the Joint Chiefs of Staff (JCS) readiness inspection deputy director Lee Jae-sik, former the Joint Chiefs of Staff (JCS) deputy chair Jeong Jin-pal, and former Army Headquarters policy chief Kim Heung-jun on the same charges.
Referred to trial that day, former Chair Kim is charged with engaging in important duties for insurrection and with dereliction regarding subordinates' crimes. On Dec. 3, 2024, when emergency martial law was declared, he allegedly took part in the insurrection by failing to stop the military's deployment to the National Assembly and elsewhere while observing the situation from the JCS command and control center, and by helping to form the martial law command.
In addition, the special counsel team believes former Chair Kim recognized the illegality of the emergency martial law declaration and the process of deploying troops to the National Assembly but failed to take appropriate action. At the time, former Chair Kim held command authority (operational command).
In this regard, the special counsel team secured statements that former Chair Kim, during martial law, received reports from aides to the effect that "there are problems with the procedure for declaring martial law" and that "the troops sent to the National Assembly should be pulled out," but did not withdraw the troops.
In March, the special counsel team opened a case designated as the "first cognizance case," booking former Chair Kim and others on charges including engaging in important duties for insurrection and continuing the investigation. Then on June 9, the team sought arrest warrants for four people including former Chair Kim, applying charges including engaging in important duties for insurrection.
The court issued warrants for three people except former Chair Kim. It rejected the warrant for former Chair Kim, saying there is room for dispute over the main criminal allegations, there is a need to ensure the right to defense, and there are no concerns about flight or destruction of evidence.
Afterward, the special counsel team sent former Chair Kim to trial without detention, without seeking an arrest warrant.
Former Chair Kim's side has consistently denied the charges, saying the chair was excluded from the decision-making process and thus unable to exercise command over the martial law forces. It said that upon the declaration of martial law, the Minister of the Ministry of National Defense directly commanded and controlled the martial law forces.