Former Joint Chiefs of Staff Chairman Kim Myung-soo Faces Arrest Over Martial Law Allegations

The decision on whether to arrest Kim Myung-soo, former Chairman of the Joint Chiefs of Staff, over allegations related to the December 3 Martial Law will be made next week. The second comprehensive special investigation team, led by Special Prosecutor Kwon Chang-young, claims that Kim supported the enforcement of martial law despite being asked to withdraw troops deployed to the National Assembly. In contrast, Kim's defense team argues that he had no authority to control the troops at that time, as military command was vested in the martial law commander and the Minister of National Defense.

According to legal sources on June 10, Judge Bdong-sik of the Seoul Central District Court, who specializes in rebellion-related warrants, will conduct a warrant review for Kim at 9:30 a.m. on June 15. The review will also include former Vice Chairman Jeong Jin-pal, former Chief of the Joint Chiefs of Staff's Operational Readiness Inspection Lee Jae-sik, and former Army Headquarters Policy Director Kim Heung-jun, who face similar charges.

On June 9, the special prosecutors filed for arrest warrants for the four individuals. They allege that Kim was involved in managing the situation from the Joint Chiefs of Staff's command and control center immediately after the declaration of martial law.

The special prosecutors suspect that Kim effectively supported the enforcement of martial law concerning the troops from the Special Warfare Command and the Capital Defense Command that were deployed to the National Assembly. Reports indicate that the arrest warrant includes details of a fragmentary order issued by Kim directing the Special Warfare Command and the Capital Defense Command to prioritize martial law operations.

Additionally, the special prosecutors believe that Kim failed to take any action despite recognizing the need to withdraw troops. During the investigation, it has been reported that Joint Chiefs of Staff staff, including former Operations Headquarters Chief Lee Seung-o, conveyed to Kim the need to withdraw troops due to clashes occurring at the National Assembly on the day of the martial law.

Former National Security Office Chief Shin Won-sik is also said to have communicated to Kim the necessity of withdrawing the troops deployed to the National Assembly. The special prosecutors assert that Shin conveyed this message twice, before and after the National Assembly's resolution to demand the lifting of martial law, but Kim did not take any significant action.

Based on these circumstances, the special prosecutors have concluded that Kim was involved in the enforcement of martial law beyond merely observing the situation. They are also investigating allegations against Jeong and Lee, as well as Kim, regarding their consideration of a so-called 'second martial law' even after the National Assembly's resolution to lift martial law.

The necessity for arrest is emphasized, as the special prosecutors note discrepancies in testimonies regarding the troop withdrawal requests and the creation of fragmentary orders. They have also included concerns about the potential for influence over related individuals and instances of phone replacements in the warrant application.

However, Kim's defense team strongly refutes the special prosecutors' arguments. They maintain that military operational command was concentrated in the martial law commander and the Minister of National Defense immediately after the declaration of martial law, thus Kim had no authority to control the martial law troops or order troop withdrawals.

They also claim that Kim never received a request from Shin regarding troop withdrawals. Instead, they assert that former President Yoon Suk Yeol asked Shin to persuade Kim to lift the martial law. Furthermore, they argue that the phrase 'prioritize martial law operations' was not directed by Kim but was included in a draft prepared by the staff.

The upcoming warrant review will focus on whether Kim actually possessed troop control authority, whether he ignored requests for troop withdrawals, and whether he actively participated in the enforcement of martial law. A direct confrontation between the special prosecutors and Kim's defense team over the military command structure and authority during the martial law period is anticipated.