Kim Yong-hyun "Martial Law Is Not Rebellion... The Rebellion Investigation Is Rebellion" Changes Position

"Declaration of Martial Law is the President's Governing Authority"
Appointed as Legal Team for Pastor of Sarangjeil Church

The legal team representing former Minister of National Defense Kim Yong-hyun, who was arrested on charges of rebellion related to the 12·3 emergency martial law incident, argued that "the declaration of martial law is an inherent governing authority granted to the president by the Constitution" and claimed it was not rebellion.

Former Minister of National Defense Kim Yong-hyun
Photo by National Assembly Press Photographers Group

According to the legal community on the 14th, Kim's legal team released a statement the previous day saying, "The very attempt to claim, investigate, and try the president's declaration of martial law as 'rebellion' is itself a 'rebellion' that disrupts the national order," expressing this view.

They added, "Former Minister Kim, as a member of the State Council and Minister of National Defense, assisted the president and carried out legitimate martial law duties in accordance with the Constitution and laws," and stated, "We will take all necessary measures to protect former Minister Kim's rights."

Although Kim expressed on the 4th, the day after the martial law declaration, that "he deeply feels responsible and apologetic for causing confusion and concern among the people," he shifted his stance to align with President Yoon's statement on the 12th defending the legitimacy of the martial law. This claim is similar to that made by Chun Doo-hwan, who was convicted for leading a military rebellion, during his 1996 rebellion trial. At that time, Chun's side argued that "the president's acts of governance are not subject to judicial review," but the judiciary ruled that the martial law was "aimed at disrupting the national order" and convicted Chun.

It has been understood that former Minister Kim recently appointed new lawyers, including Lee Ha-sang, who has represented or defended Pastor Jeon Kwang-hoon of Sarang Jeil Church in multiple civil and criminal trials.

The prosecution requested an arrest warrant on the 9th for former Minister Kim on charges of conspiring with President Yoon Seok-yeol in rebellion as a 'key participant in rebellion,' and the court issued the warrant citing reasons such as evidence destruction. It was also revealed that former Minister Kim attempted an extreme act within the Seoul Eastern Detention Center just before the arrest warrant was issued.