Former Presidential Aide Sentenced to 18 Months for Drafting Post-Hoc Martial Law Document

Kang Ui-goo, a former aide to the presidential office, was sentenced to 18 months in prison and taken into custody after being found guilty of drafting a post-hoc martial law declaration following the lifting of emergency martial law on December 3.

The Seoul Central District Court’s Criminal Division 30, led by Judge Park Ok-hee, sentenced Kang on May 28 for charges including the creation of false documents, damage to public property, and violations of the Presidential Records Management Act.

The court stated, "The defendant recognized that the declaration of martial law was not made through the proper procedures involving the Prime Minister and relevant ministers, and created false documents to conceal this procedural flaw."

It added, "Despite lacking prior instructions from former President Yoon Suk-yeol, Kang was responsible for drafting the cover page of the martial law declaration and obtaining signatures from former President Yoon, former Prime Minister Han Duck-soo, and former Defense Minister Kim Yong-hyun, indicating significant involvement in the crime. As a senior public official closely assisting the president, the defendant bears a heavy responsibility."

However, the court ruled Kang not guilty of using false documents, noting that it was unlikely he actually used them since he stored them in a desk drawer before disposing of them.

Regarding sentencing, the court considered that Kang generally acknowledged the facts of the crime and cooperated during the investigation by explaining the circumstances surrounding the document's creation.

Kang was charged with creating a cover page for the post-hoc martial law declaration on December 6, 2024, to make it appear as though it followed legal procedures. The document was reportedly signed by former Prime Minister Han, former Minister Kim, and former President Yoon before being stored in Kang's office.

Kang is also accused of shredding the document at the request of former Prime Minister Han after the insurrection investigation intensified.

Previously, the special investigation team on insurrection, led by Special Prosecutor Jo Eun-seok, sought a five-year prison sentence for Kang.