Special Prosecutor's Office for Insurrection Seeks 18-Year Sentence for Kim Hyun-tae Over Martial Law Role; Heavy Sentences Also Sought for Military Officers

[Financial News] The Special Prosecutor's Office for Insurrection, led by Special Prosecutor Cho Eun-seok, sought heavy prison terms of 10 years or more for military officers accused of taking part in former President Yoon Suk-yeol's Dec. 3 emergency martial law declaration.
On the 28th, the Criminal Division 37-2 of the Seoul Central District Court, presided over by judges Oh Chang-seop, Ryu Chang-seong and Jang Seong-hoon, requested an 18-year prison sentence for former Army Special Warfare Command 707th Special Mission Group commander Kim Hyun-tae, who is charged with participating in an insurrection and other offenses. For former Defense Ministry Investigation Headquarters chief Park Heon-su and former Defense Intelligence Command planning chief Ko Dong-hui, prosecutors sought 10 years each. Former 1st Airborne Special Forces Brigade commander Lee Sang-hyeon was also asked to receive 15 years. In addition, the prosecution asked the court to sentence former DCC investigation chief Kim Dae-woo, former Central Investigation Unit chief Kim Bong-gyu and former 100th Brigade 2nd Operations Unit chief Jeong Seong-uk to 12 years each.
The special prosecution team argued, "The defendants had both the power and the time to refrain from participating in the insurrection," and added, "They chose to join the insurrection through their own judgment, not through a mechanical response."
It continued, "The defendants' crimes in the martial law insurrection instantly destroyed the status of democracy, public pride and the firm trust of the international community that our society had painstakingly built through countless sacrifices." It added, "Under the defendants' direction, rifles, hammers, fire extinguishers, handcuffs, restraints, baseball bats and cable ties were used in operations to storm constitutional institutions and carry out illegal arrests. The many soldiers and investigators mobilized were humiliated by being used overnight as tools for carrying out the insurrection, and the honor and pride of the Republic of Korea Armed Forces have been left with wounds that will be hard to erase."
The team also said, "To dress this up as 'mechanical obedience to a superior's order' is a post hoc escape that seeks to conceal unconstitutional conduct and evade legal responsibility, while blatantly deceiving common sense." It noted, "The true duty imposed on soldiers in a constitutional state is to firmly refuse illegal orders that undermine the constitutional order."
They are accused of leading troops that had been on standby after the martial law declaration to the National Assembly and ordering them to carry out tasks such as internal lockdowns.
Former commander Kim Dae-woo was charged with organizing an arrest team centered on DCC personnel and taking part in attempts to detain 14 key figures, including then-Democratic Party of Korea leader Lee Jae Myung.
Former planning chief Ko Dong-hui is accused of leading Defense Intelligence Command agents into the National Election Commission of the Republic of Korea's Gwacheon office building, seizing control of the server room and taking employees' mobile phones. Former commanders Kim Bong-gyu and Jeong Seong-uk are accused of organizing Defense Intelligence Command agents and assigning them missions to arrest and detain NEC staff after meetings including the so-called Lotteeria meeting.
Former headquarters chief Park Heon-su is accused of organizing 100 investigators from the DCC Investigation Headquarters to be sent to the DCC and of directing them to identify facilities that could hold politicians and others, thereby helping prepare detention facilities and support the arrest team.
Six people, including former commander Kim Hyun-tae, were tried in a military court while still on active duty, but the case was transferred to the Seoul Central District Court in January at the special prosecution's request. The case involving former headquarters chief Park Heon-su was being heard separately, but it was merged in May with the case involving Kim and the other five defendants.
In earlier hearings, the defendants denied the charges, saying they had merely followed orders from above and had no awareness of an intent to subvert the constitutional order or to arrest politicians.
[email protected] Jung Kyung-soo Reporter