Arrested by Prosecutors Immediately After Returning Home After 5 Years and 3 Months
Investigation May Expand to Higher-Ups Through Cho Hyun-cheon Connection
Prosecutors resumed their investigation on the 29th into former Commander of the Republic of Korea Army's Defense Security Command, Cho Hyun-cheon, who is suspected of ordering the drafting of martial law review documents, and the investigation is expected to expand to higher-ups. On the same day, Cho was arrested by prosecutors immediately after returning to Korea for the first time in 5 years and 3 months since leaving for the United States in December 2017.
The Seoul Western District Prosecutors' Office announced that it is currently investigating Cho, who was taken into custody around 8:30 a.m. after executing an arrest warrant issued by the court.
According to prosecutors, Cho is suspected of having formed a "Martial Law Document Drafting Task Force (TF)" in February 2017, ordering the drafting of martial law review documents, and reporting to then-Minister of National Defense Han Min-gu. The documents contained plans for martial law aimed at forcibly suppressing the candlelight protests demanding the resignation of former President Park Geun-hye. However, the plans outlined in the documents were never actually implemented.
Former Defense Security Command Commander Cho Hyun-cheon, a key figure in the allegations regarding the martial law documents before the impeachment of former President Park Geun-hye, was escorted to the Seoul Western District Prosecutors' Office after arriving through Incheon International Airport Terminal 2 on the morning of the 29th. [Image source=Yonhap News]
These documents were disclosed after the Moon Jae-in administration took office. Amid political and social controversy, former President Moon Jae-in ordered a special investigation. The military and prosecutors formed a joint investigation team and launched an inquiry. After Cho was discharged in September 2017 and fled to the United States in December of the same year, the joint investigation team faced limitations. Ultimately, in November 2018, the team suspended prosecution against Cho. Later, in September last year, Cho voluntarily returned through his lawyer, expressing willingness to cooperate with the investigation, and prosecutors began full-scale preparations by transferring the case from the Seoul Central District Prosecutors' Office to the Seoul Western District Prosecutors' Office.
The key issue in this investigation is the legality of the documents. Prosecutors previously arrested and indicted several military officers involved in drafting the documents, but only applied charges related to attempts to conceal evidence. The court also upheld convictions against these officers last year but did not make a legal judgment on the illegality of the documents, which is the core issue of the case. Accordingly, prosecutors are expected to focus their investigative efforts on proving the illegality of the documents by questioning Cho about the circumstances and purpose of ordering the drafting of the documents.
Prosecutors are also expected to examine Cho's alleged charge of conspiracy to commit rebellion. Under current criminal law, the crime of conspiracy to commit rebellion requires an agreement among two or more persons to execute the crime and recognition of a substantial risk. It must be proven that Cho drafted the documents to execute plans to forcibly suppress the candlelight protests, involving former Minister Han and the Park Geun-hye administration at the time. Previous joint investigation team inquiries reportedly found multiple circumstances suggesting the documents were drafted for execution.
Former Defense Security Command Commander Cho Hyun-cheon, a key figure in the suspected martial law document case before the impeachment of former President Park Geun-hye, was escorted to the Seoul Western District Prosecutors' Office after arriving through Terminal 2 of Incheon International Airport on the morning of the 29th. [Image source=Yonhap News]
Prosecutors are also expected to expand the investigation to higher-ups through Cho. Besides former Minister Han, who is known to have received the documents, former President Park Geun-hye, former Prime Minister Hwang Kyo-ahn, and former National Security Office Director Kim Kwan-jin are also implicated. All were subjects of the joint investigation team’s inquiry. Prosecutors reportedly detected signs during previous investigations that the documents were reported to the National Security Council (NSC). Ultimately, whether these individuals face judicial action will depend on Cho’s testimony.
However, the investigation is expected to face difficulties as Cho is effectively claiming innocence. Moreover, former Minister Han and former Director Kim, who were higher in the military command chain at the time the documents were drafted, also completely deny any involvement in drafting the documents.
Upon his return on the day, Cho stated, "As the person responsible for drafting the martial law documents, I returned to clarify the substantive truth of the documents and to take responsibility if necessary," adding, "I hope that the essence of the martial law documents will be clarified through the prosecution’s investigation and that public suspicions will be resolved."
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