Former Defense Security Command Commander Cho Hyun-cheon, who drafted the martial law review document during the impeachment of former President Park Geun-hye in 2017, has been detained by the prosecution.
Former Defense Security Command Commander Cho Hyun-cheon 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]
Judge Jung In-jae, in charge of warrants at the Seoul Western District Court, held a pre-arrest detention hearing for former Commander Cho on the 31st and issued an arrest warrant, stating there was a risk of evidence destruction and flight. The Criminal Division 5 of the Seoul Western District Prosecutors' Office (Chief Prosecutor Lee Byung-joo) arrested and investigated former Commander Cho immediately after his return on the 29th and requested the arrest warrant that morning.
Former Commander Cho is accused of interfering in the 2016 presidential election of the civilian conservative organization, the Federation of Korean Freedom Associations (abuse of official authority), and mobilizing Defense Security Command agents to hold rallies supporting former President Park Geun-hye (political involvement under the Military Criminal Act).
Article 123 of the Criminal Act defines the crime of abuse of official authority as abusing one's authority to compel another to perform an unnecessary act or obstruct the exercise of rights. The prosecution views former Commander Cho’s order to his subordinates to prepare reports related to the 2016 Federation of Korean Freedom Associations presidential election as a violation of this law.
The crime of political involvement applies when military personnel or civilian military officials illegally join political organizations or engage in political activities. It is a serious crime punishable by up to five years imprisonment and up to five years disqualification. The prosecution judged that former Commander Cho’s mobilization of Defense Security Command agents to hold rallies supporting former President Park and publishing columns and advertisements in 2016 constitutes political involvement under the Military Criminal Act.
The prosecution plans to focus its investigative efforts on the core allegation against former Commander Cho regarding the martial law review document. He is suspected of forming a "Martial Law Document Task Force (TF)" in February 2017, during the height of former President Park’s impeachment trial, ordering the drafting of the martial law review document, and reporting it to then Minister of National Defense Han Min-gu.
In 2018, the joint military-civilian investigation team investigating the martial law document allegations suspended the investigation and issued a prosecution suspension order in November of that year after failing to locate former Commander Cho, who was in the United States at the time.
Former Commander Cho was arrested by the prosecution at Incheon International Airport immediately upon his return on the morning of the 29th, 5 years and 3 months after departing for the United States in December 2017.
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