Appeals Court to Revisit Evidence in Yoon Suk Yeol Coup Case

The special prosecutor team investigating the coup allegations against former President Yoon Suk Yeol is set to challenge the first trial's dismissal of claims regarding preparations for emergency martial law prior to October 2023. To support their case, they have introduced a document concerning 80 military personnel obtained from the residence of former Army Intelligence Commander Noh Sang-won.

According to legal sources on August 13, the special prosecutors recently submitted a 14-page document seized from Noh's residence as additional evidence to the appeals court handling Yoon's coup case.

A special prosecutor representative stated, "The document related to the 80 individuals has been submitted as new evidence in the appeals process."

The document, titled 'Moon Jae-in Administration BH,' categorizes military personnel who worked in the Blue House during the Moon Jae-in administration or were involved in defense policy. It details the career paths and positions of a total of 80 individuals, including six retired officers.

The special prosecutors believe that the document was created after April 2023 and before October of the same year. They are particularly focused on the connections between the so-called 'targets for collection' noted in Noh's notebook and the individuals listed in the document.

Noh's notebook includes references to 'Moon Jae-in and his associates,' 'Moon's administrative officials (active, reserve, and police included),' and 'policy advisors from Moon's administration.' The special prosecutors assert that this indicates a preemptive effort to identify military personnel who could obstruct the execution of martial law as early as October 2023.

The significance of the 80-person document in the appeals court stems from the first trial's rejection of the credibility of Noh's notebook. The first trial court, led by Judge Ji Gwi-yeon, accepted the notebook as valid evidence but deemed its contents unreliable due to the circumstances of its storage. Consequently, the court did not acknowledge the special prosecutors' claims regarding preparations for martial law prior to October 2023.

In contrast, the Seoul Central District Court's Criminal Division 33, presided over by Judge Lee Jin-gwan, reached a different conclusion regarding the notebook in the case against former Justice Minister Park Sung-jae. The court recognized the notebook's evidentiary value and determined that many of the actions recorded as follow-up measures after the declaration of martial law had indeed occurred.

The special prosecutors no longer consider the identity of the notebook's author a key issue. A representative stated that Noh has acknowledged that he authored the notebook, and other evidence has confirmed that he is indeed the writer.

As a result, the special prosecutors believe that conducting a separate handwriting analysis would not yield significant benefits. Prior to the establishment of the special prosecutors, an analysis of the handwriting in the notebook was conducted, not to identify the author but to accurately interpret the handwriting of Noh, who is known for his poor penmanship, and that analysis has already been completed.

What the special prosecutors find more critical is establishing a link between the individual plans noted in the notebook and the actual preparations and execution of martial law.

They argue that having specific plans recorded in the notebook and the subsequent occurrence of similar events does not automatically imply that Noh was directly involved in those actions. To establish Noh's involvement, additional evidence, such as testimonies from military personnel or those involved in the martial law, is necessary.

The special prosecutors have indicated that some contents of the notebook lack sufficient corroborating evidence to support Noh's actual involvement. They maintain that it is difficult to ascertain whether he was not involved at all or if he was involved but no testimonies have emerged.

Conversely, there are aspects that the special prosecutors believe are connected to the actual preparations for martial law. A notable example is the plan for 'securing detention space.'

Noh's notebook includes notes on 'forming a collection team,' 'creating a list of targets for collection,' and considerations for where to disperse over 500 individuals. On the day of the martial law declaration, former Minister Park identified additional space for 3,600 detainees through the Ministry of Justice's Correctional Headquarters, and a memo written by former Counterintelligence Agency Chief Yeo In-hyung two days before the martial law also contained information related to detention facilities, including military prisons.

The special prosecutors believe that the initial plans recorded in the notebook evolved into a more concrete martial law strategy that involved utilizing correctional facilities and military prisons.

Recent developments have also revealed that Noh had specific documents related to military personnel since the early days of the Yoon Suk Yeol administration. According to JTBC, a document titled 'Strategic Direction for Defense Personnel,' believed to have been created during the presidential transition period in 2022, was found in a safe at Noh's residence. Some of the future assignments for certain generals indicated in the document reportedly align with actual military personnel decisions made under the Yoon administration.

However, the authorship of the document and the means by which it reached Noh have not been confirmed. There is also no evidence to suggest that the document was created for the purpose of preparing for emergency martial law.

The first search of Noh's residence was conducted by police in mid-December 2024, according to additional reporting. It is understood that several searches have taken place since then, but it remains unclear during which search the 80-person document was obtained.

The verification of facts surrounding Noh's notebook is currently ongoing with the second comprehensive special prosecutor team, led by Special Prosecutor Kwon Chang-young. This team is reportedly examining the connections between some allegations noted in the notebook and actual actions through on-site verifications and visits to Noh's residence.

In the appeals court, it is expected that the new 80-person document submitted by the coup special prosecutors will be a key point of contention regarding the credibility of the notebook and whether it can be accepted as evidence to advance the timeline of martial law preparations. Additionally, there is anticipation that the ongoing comprehensive special prosecutor investigation may reveal connections between the plans in the notebook and actual executions that have yet to be confirmed.