Five Former Military Leaders Sentenced for Role in Martial Law Deployment

Five former military leaders who deployed troops to the National Assembly and the Central Election Commission during the December 3 martial law have been sentenced to prison. The court ruled that they violated the military's political neutrality obligation and engaged in significant insurrection duties.

The Seoul Central District Court's Criminal Division 26, led by Judge Lee Hyun-kyung, sentenced Yeo In-hyung, former head of the Defense Security Command, to 18 years in prison, and Lee Jin-woo, former commander of the Army Capital Defense Command, to 15 years.

Moon Sang-ho, former head of the Army Intelligence Command, received a 12-year sentence, Park An-soo, former Army Chief of Staff, was sentenced to 10 years, and Kwak Jong-geun, former commander of the Army Special Warfare Command, was given 9 years.

The court found all defendants guilty of engaging in significant insurrection duties. Most charges of abuse of power were also deemed guilty, with some exceptions.

The court stated, "Any action that makes it impossible to exercise the powers of constitutional institutions cannot be tolerated under any circumstances," adding that insurrection is a serious crime that jeopardizes national existence and directly infringes on democratic order.

It criticized the defendants for using military force for the political interests of specific factions while holding positions to command and supervise the military.

Yeo, who received the heaviest sentence, was found guilty of conspiring with former President Yoon Suk Yeol and former Defense Minister Kim Yong-hyun to prepare for the arrest of politicians and the takeover of the Election Commission.

The court identified Yeo's notes detailing plans for joint arrests of politicians and the operation of a special investigation team for election fraud as key evidence of premeditated conspiracy. It also confirmed that he attempted to arrest over ten politicians, including Lee Jae-myung, then-leader of the Democratic Party, and deployed troops from the Defense Security Command to the Election Commission.

The court ruled that Yeo was guilty of perjury related to the deployment of troops to the Election Commission during the impeachment trial of former President Yoon and in military court proceedings.

Lee was found guilty of ordering the deployment of troops to the National Assembly and attempting to remove lawmakers. The court noted that former President Yoon instructed, "Go into the main chamber and carry one person out with four people," and "Remove the lawmakers," which Lee conveyed to his subordinates.

Lee claimed that the targets to be removed were not lawmakers but terrorist forces, but the court did not accept this based on testimonies from subordinates.

Park was found guilty of issuing an unconstitutional and illegal proclamation as the martial law commander and ordering the police to block the National Assembly. The court determined that Park at least implicitly recognized the intent to make it impossible to exercise the Assembly's powers.

However, the court acquitted Park of abuse of power for ordering the deployment of troops to the National Assembly, as he either did not know about the deployment or was informed after it occurred.

Moon was found guilty of participating in the martial law conspiracy and deploying intelligence troops to the Election Commission, while Kwak was found guilty of deploying special forces to the National Assembly, the Democratic Party headquarters, and the Election Commission's Gwacheon office.

The court revoked the bail of Lee, Park, and Kwak, who were being tried on bail, and ordered their re-arrest. Yeo and Moon are already in custody on separate charges.

The Insurrection Special Investigation Team, led by Special Prosecutor Cho Eun-seok, stated after the sentencing, "We place significance on the acknowledgment that the defendants, who were in command of the military, conspired with former President Yoon and former Minister Kim for a prolonged insurrection using martial law."

He added, "We are disappointed that the sentences did not meet our expectations, and we will review the judgment before deciding on the appeal and its scope."

Previously, the special prosecutor had sought 30 years for Yeo and Lee, and 25 years for Park, while requesting 20 years for both Kwak and Moon.