Ha Tae-kyung, a member of the Bareunmirae Party, held a press conference at the National Assembly in November 2019 regarding the martial law documents. Photo by Yoon Dong-joo doso7@
[Asia Economy Reporter Heo Kyung-jun] A former Military Security Support Command (Anbosa, formerly known as the Defense Security Command) officer who fabricated false official documents to conceal a martial law document created during the 2016 impeachment crisis of former President Park Geun-hye has been confirmed guilty.
The Supreme Court's First Division (Presiding Justice Noh Tae-ak) announced on the 2nd that it upheld the lower court's ruling that deferred sentencing with a fine of 3 million won for former Defense Security Command Counterintelligence Policy Chief Mr. A, who was charged with forgery of electronic records and fabrication and use of false official documents.
During the candlelight rallies demanding the impeachment of former President Park and the National Assembly's approval of the impeachment motion, the Defense Security Command, under the direction of its leadership in February 2017, created a martial law review document within the 'Martial Law Task Force' to report to the Blue House National Security Office Chief and the Minister of National Defense. This document contained a contingency plan outlining step-by-step measures in the event martial law was declared.
Mr. A was prosecuted for fabricating false official documents unrelated to the actual work of the Task Force, titled 'Research Plan on Counterintelligence Investigation Work System,' to conceal the creation of the martial law review document, and for drafting official requests for personnel dispatch and budget (special overtime meal expenses). Co-conspirators, former Defense Security Command Chief of Staff So Kang-won and former Defense Security Command Section Chief Ki Woo-jin, were also indicted by military prosecutors.
The first trial (Ministry of National Defense Ordinary Military Court) acquitted all three. However, the second trial (Ministry of National Defense High Military Court) overturned the first trial's decision, ruling that the fabrication of false official documents was guilty.
The second trial court judged, "It is reasonable to see that the research plan document in question was created under the command's instructions and was used by sending it to the budget officer," and deferred sentencing with a fine of 3 million won for Mr. A. However, it did not recognize that producing the martial law review document as a training secret was done with the intent to 'disrupt official duties,' thus maintaining the not guilty verdict on the charge of forgery of electronic records.
The Supreme Court also agreed with the second trial's judgment. Meanwhile, former Chief of Staff So and former Section Chief Ki retired after the first trial's acquittal, and their second trial is currently underway in a civilian court.
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