Five former military generals indicted for their involvement in the December 3 emergency martial law declaration were sentenced to 9–18 years in prison at their first trial.
Seoul Central District Court’s Criminal Division 26 (Judge Lee Hyun-kyung presiding) on the 21st sentenced Yeo In-hyeong (Lt. Gen.), former commander of the Army Defense Counterintelligence Command, to 18 years in prison on charges of engaging in critical tasks related to insurrection, abuse of authority, and other offenses. The court sentenced Lee Jin-woo (Lt. Gen.), former chief of the Capital Defense Command, to 15 years; Moon Sang-ho (Maj. Gen.), former commander of the Intelligence Command, to 12 years; Park An-su (Gen.), former Army Chief of Staff, to 10 years; and Kwak Jong-geun (Lt. Gen.), former commander of the Special Warfare Command, to 9 years.
The five defendants, who received actual prison sentences, are accused of conspiring in advance with former President Yoon Suk Yeol, former Defense Minister Kim Yong-hyun, and others to declare martial law and playing key roles in deploying troops to the National Assembly and the National Election Commission after the declaration. Three defendants, including Lee Jin-woo, were dismissed from their posts after the martial law declaration, while Kwak Jong-geun was removed. Park An-su, who was appointed as martial law commander, retired last October without disciplinary action due to outdated regulations that prevented the formation of a disciplinary committee for generals.
The court, imposing the heaviest sentence on Yeo In-hyeong, stated, “He meticulously documented and actively prepared for the prolonged declaration of martial law. The failure to execute these orders was due to the passive performance of duties by subordinates.”
The court acknowledged the guilt of Lee Jin-woo and Kwak Jong-geun for attempting to block the National Assembly by mobilizing troops from the Capital Defense Command and the Special Warfare Command, and for instructing subordinates to “drag out lawmakers.” However, Kwak received the lightest sentence among the five due to his submission of a confession and acknowledgment of charges. Regarding Moon Sang-ho, the court recognized his guilt for ordering Intelligence Command personnel to arrest election commission staff and secure server rooms immediately after the martial law declaration, stating, “He recognized the illegality but failed to halt the actions.”
Park An-su, the former martial law commander, faces charges of issuing unconstitutional and illegal decrees and requesting Cho Ji-ho, commissioner general of the National Police Agency, to block all individuals, including lawmakers, from entering the National Assembly. While the court acknowledged his guilt, it noted, “He did not conspire in advance or actively intervene in the declaration of martial law.” The insurrection special counsel evaluated the ruling, stating, “This verdict confirms the responsibility of military commanders, who should have protected the people and upheld the constitution, for abandoning their duties.”
Meanwhile, Seoul Central District Court’s Criminal Division 23 (Judge Oh Se-yong presiding) dismissed the indictment against Yoon Jae-soon, former presidential secretary for administrative affairs, and People Power Party Rep. Lim Jong-deuk (former second deputy director of the Office of National Security), who were charged with interfering in personnel matters at the Office of National Security. The dismissal of the indictment ends the trial without determining guilt or innocence when prosecutorial procedures are deemed illegal. The insurrection special counsel had indicted them after identifying their alleged involvement in sending drones to North Korea to justify the martial law declaration. However, the court ruled, “The two cases are not closely related.”
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