A whistleblower has submitted a request for an investigation into alleged illegal actions by the military during the December 3 martial law, citing failures in the command and control systems.
On July 23, Kim Hyun-seok delivered the request to the National Investigation Headquarters and the second Special Prosecutor team led by Kwon Chang-young.
In a phone interview with Aju Economy the day before, Kim explained, "I requested that the National Investigation Headquarters conduct an investigation alongside the Special Prosecutor, which has a limited timeframe for its investigation."
Kim, who has developed military communication systems for 27 years, reported that some units failed to operate the satellite-based command and control system (PRE) on the day of the martial law. He provided this information to lawmakers and the special prosecutor team investigating the insurrection led by Jo Eun-seok.
Typically, the satellite PRE is activated during troop movements to ensure overall situational awareness, but it was not operational, which Kim believes is crucial evidence of the martial law's illegality.
Kim gathered this information during a technical support visit to the martial law units, where he heard testimonies from several personnel. He concluded that the martial law involved organized illegal operations directed by higher authorities. He also received reports of illegal flights by martial law helicopters during a technical support visit to the Capital Defense Command.
However, investigative agencies have not pursued these allegations, and after the insurrection special prosecutor's investigation period ended in December of last year, the case was transferred to the National Investigation Headquarters without progress.
Subsequently, Kim received a notice from the National Investigation Headquarters indicating that he would be investigated as a suspect rather than receiving a case resolution. He was subjected to a search and seizure on July 3 and was interrogated by the Security Investigation Division of the Seoul Metropolitan Police Agency on July 20 on charges of leaking military secrets and violating the Information and Communications Network Act.
Kim's attorney, Ryu Jae-yul from the law firm Joonsim, stated in a phone call on July 21, "In the morning, we began forensic procedures, and in the afternoon, the investigation of Kim as a suspect started, lasting for 12 hours. The police seem to believe that charges may be established regarding whether Kim accessed the information network without authorization, leaving open the possibility of prosecution." He also mentioned the possibility of a re-summons next month.
In relation to this, Kim held a press conference at the Participatory Justice Center on the same day, stating, "It is absurd for a whistleblower to become a suspect." He further argued, "Executing search warrants and investigating based on claims of revealing the locations of special forces or helicopters is unjust."
He added, "I reported to lawmakers, the insurrection special prosecutor, and the comprehensive special prosecutor, but I have not received any inquiries about the investigation." Kim noted that he had sent relevant information to the ongoing comprehensive special prosecutor by mail but had not received a response. The special prosecutor's office told Aju Economy, "Even if related information is received, it is not communicated to the whistleblower because it is not a formal complaint or accusation."
Lee Sang-hee, a lawyer from the Participatory Justice Center, plans to request protective measures for Kim from the Anti-Corruption and Civil Rights Commission. The lawyer explained, "The Public Interest Whistleblower Protection Act has specific provisions for protecting internal whistleblowers. It protects those who perform or have performed duties under contracts with public institutions or other agreements, and Kim qualifies as an internal whistleblower, so we will argue that procedures for reducing criminal liability should be initiated."
On July 23, Kim Hyun-seok delivered the request to the National Investigation Headquarters and the second Special Prosecutor team led by Kwon Chang-young.
In a phone interview with Aju Economy the day before, Kim explained, "I requested that the National Investigation Headquarters conduct an investigation alongside the Special Prosecutor, which has a limited timeframe for its investigation."
Kim, who has developed military communication systems for 27 years, reported that some units failed to operate the satellite-based command and control system (PRE) on the day of the martial law. He provided this information to lawmakers and the special prosecutor team investigating the insurrection led by Jo Eun-seok.
Typically, the satellite PRE is activated during troop movements to ensure overall situational awareness, but it was not operational, which Kim believes is crucial evidence of the martial law's illegality.
Kim gathered this information during a technical support visit to the martial law units, where he heard testimonies from several personnel. He concluded that the martial law involved organized illegal operations directed by higher authorities. He also received reports of illegal flights by martial law helicopters during a technical support visit to the Capital Defense Command.
However, investigative agencies have not pursued these allegations, and after the insurrection special prosecutor's investigation period ended in December of last year, the case was transferred to the National Investigation Headquarters without progress.
Subsequently, Kim received a notice from the National Investigation Headquarters indicating that he would be investigated as a suspect rather than receiving a case resolution. He was subjected to a search and seizure on July 3 and was interrogated by the Security Investigation Division of the Seoul Metropolitan Police Agency on July 20 on charges of leaking military secrets and violating the Information and Communications Network Act.
Kim's attorney, Ryu Jae-yul from the law firm Joonsim, stated in a phone call on July 21, "In the morning, we began forensic procedures, and in the afternoon, the investigation of Kim as a suspect started, lasting for 12 hours. The police seem to believe that charges may be established regarding whether Kim accessed the information network without authorization, leaving open the possibility of prosecution." He also mentioned the possibility of a re-summons next month.
In relation to this, Kim held a press conference at the Participatory Justice Center on the same day, stating, "It is absurd for a whistleblower to become a suspect." He further argued, "Executing search warrants and investigating based on claims of revealing the locations of special forces or helicopters is unjust."
He added, "I reported to lawmakers, the insurrection special prosecutor, and the comprehensive special prosecutor, but I have not received any inquiries about the investigation." Kim noted that he had sent relevant information to the ongoing comprehensive special prosecutor by mail but had not received a response. The special prosecutor's office told Aju Economy, "Even if related information is received, it is not communicated to the whistleblower because it is not a formal complaint or accusation."
Lee Sang-hee, a lawyer from the Participatory Justice Center, plans to request protective measures for Kim from the Anti-Corruption and Civil Rights Commission. The lawyer explained, "The Public Interest Whistleblower Protection Act has specific provisions for protecting internal whistleblowers. It protects those who perform or have performed duties under contracts with public institutions or other agreements, and Kim qualifies as an internal whistleblower, so we will argue that procedures for reducing criminal liability should be initiated."
* This article has been translated by AI.
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