Former National Security Office First Deputy Director Kim Tae-hyo has been indicted while in custody for allegedly justifying the declaration of martial law to allied nations, including the United States, shortly after it was announced on December 3, 2024. The special prosecutors' office plans to charge former President Yoon Suk Yeol and former National Security Office Director Shin Won-sik in the future.
On July 29, the second comprehensive special investigation team, led by Special Prosecutor Kwon Chang-young, announced that Kim was indicted on charges of engaging in important duties related to insurrection and abuse of power.
Kim is accused of explaining the background and justification for the martial law declaration to key allied nations through officials from the National Security Office and the Foreign Ministry, following orders from former President Yoon.
The messages conveyed at that time reportedly included claims that the martial law was a measure to protect liberal democracy. It was also said to explain that the government was responding to attempts by the National Assembly to paralyze the executive branch through impeachment and budget cuts, which were seen as efforts to undermine constitutional order.
The messages allegedly included assertions that former President Yoon maintained a stance against pro-North Korean leftists and anti-Americanism. These communications were reportedly sent to key figures in allied nations, including representatives of then-President-elect Donald Trump.
The special prosecutors believe that former President Yoon directed Kim and Shin to explain the background and significance of the martial law to allied nations after its declaration. Yoon reportedly stated during a special prosecutor's investigation last month that he instructed Kim to inform the U.S. side about the martial law situation because Kim was proficient in English.
The special prosecutors also determined that Kim directed officials from the National Security Office and the Foreign Ministry to carry out related tasks during the message delivery process. They view the justification of martial law as outside the legitimate duties of these officials, leading to the abuse of power charges.
Kim has faced allegations that he directly explained the legitimacy of the martial law to then-U.S. Ambassador to South Korea, Mark Lippert. Unification Minister Jeong Dong-young claimed last year that Kim told Ambassador Lippert in a phone call shortly after the martial law was lifted that the declaration was unavoidable to eradicate anti-state forces.
While Kim acknowledged that he spoke with Ambassador Lippert, he maintains that he did not justify the martial law. He stated that about an hour after the martial law was declared, he received a call from Lippert and responded with a message to "let's watch the situation together" before ending the call.
The special prosecutors launched a forced investigation in April, conducting searches of Kim's home and university office. They subsequently requested an arrest warrant on July 7, and on July 10, a judge at the Seoul Central District Court issued the warrant, citing concerns about potential evidence destruction.
After being detained, Kim requested a review of his detention, but it was denied on July 16. With the expiration of his detention period approaching on July 30, the special prosecutors moved to indict him.
The special prosecutors have separated the cases of former President Yoon and Shin, who were also under investigation. They plan to complete their investigation of the two before proceeding with charges. It is reported that Shin's involvement in the message delivery process was deemed less significant than Kim's, leading to the decision not to request an arrest warrant for him.
* This article has been translated by AI.
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