On July 28, prosecutors requested an 18-year prison sentence for Kim Hyun-tae, the former commander of the Army's 707th Special Mission Battalion, who led troops into the National Assembly during the December 3 state of emergency. The special prosecutor's team, led by Jo Eun-seok, determined that Kim and other military commanders did not merely follow orders but made independent decisions to participate in unconstitutional and illegal martial law operations.
The Seoul Central District Court's Criminal Division 37-2, presided over by judges Oh Chang-seop, Ryu Chang-seong, and Jang Seong-hoon, held a hearing on the case involving Kim and six other former military officials accused of engaging in important duties related to insurrection.
The prosecution requested an 18-year sentence for Kim and a 15-year sentence for Lee Sang-hyun, the former commander of the 1st Airborne Special Forces Brigade, who was also indicted. Former Army Counterintelligence Command chief Kim Dae-woo, former Central Intelligence Command chief Kim Bong-kyu, and former commander of the 100th Information Brigade Jeong Seong-wook each faced a request for a 12-year sentence. Former Information Planning Division chief Ko Dong-hee and former Defense Investigation Headquarters chief Park Heon-soo were each recommended for 10 years.
The special prosecutor's office characterized the actions as a serious national crime aimed at undermining the constitutional order established by the Constitution. They alleged that military forces were privately mobilized to incapacitate the functions of key constitutional institutions, including the National Assembly and the National Election Commission.
They noted, "There has never been an instance of armed troops storming the National Assembly to drag out or arrest lawmakers," emphasizing that such actions are unprecedented in constitutional history and have never been attempted by any dictator or military leader.
The prosecution rejected claims that Kim and others were unable to refuse orders from superiors, highlighting that they were high-ranking officers with the authority to independently command and operate their units.
The special prosecutor stated, "The defendants had the time and authority to review the situation and refuse or halt the mission before execution. They did not mechanically follow orders but made independent decisions to participate in insurrection and actively carried out operations."
They further argued, "The defendants are attempting to evade responsibility by claiming they were merely following orders without the intent to disrupt the Constitution. Their actions have shaken the foundations of national defense and weakened the pillars of the country, which must be severely punished."
The prosecution also cited the damage to the military's command structure and public trust in the armed forces as reasons for their sentencing requests. They warned that high-ranking commanders mobilizing troops to carry out unconstitutional and illegal orders could lead to confusion, making it difficult for soldiers to trust their superiors' operational commands in future national crises.
Kim is accused of leading troops to the National Assembly after the declaration of a state of emergency, breaking windows, and entering the premises. The indictment also states that the troops were loaded with 1,920 live rounds at the time of deployment.
Lee, the former brigade commander, is charged with ordering 269 troops to deploy to the National Assembly immediately after the declaration of martial law and participating in the operation to seal off the Assembly.
Former commander Kim Dae-woo is accused of forming an arrest team centered around counterintelligence personnel to detain 14 key figures, including Lee Jae-myung, the then-leader of the Democratic Party.
Former chief Ko is charged with leading intelligence agents into the National Election Commission's Gwacheon office, seizing control of server rooms, and confiscating employees' mobile phones.
Former commanders Kim Bong-kyu and Jeong Seong-wook were indicted for organizing intelligence agents to carry out the arrest and detention of Election Commission staff following the so-called 'Lotteria meeting.'
Former chief Park is accused of organizing 100 investigators from the Defense Investigation Headquarters to support the counterintelligence team and directing them to identify detention facilities for politicians and others.
Kim and six others were initially tried in a military court as active-duty soldiers but had their cases transferred to the Seoul Central District Court in January at the request of the special prosecutor's team. Park's case, which was being heard separately, was merged with these cases in May.
Throughout the trial, Kim and the others have denied the charges, asserting that they were merely following orders and had no intention of disrupting the Constitution or planning to arrest politicians.
* This article has been translated by AI.
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