If Played the Role of Internal Conflict Cog, Guilty... 'Prior Conspiracy' and 'Active Execution' Determine Sentence [Preview of Yoon's Defense War]③

[Preview of Litigation War]③ Punishment
Treason, Group Crimes Punished up to Attempt and Preliminary Conspiracy
Severe Punishment Expected if Within Accomplice Scope
Pre-Planning and Degree of Execution Are Key Variables

Editor's NoteIn an unprecedented ‘12·3 Martial Law Incident,’ President Yoon Seok-yeol stands trial for impeachment. There is also a possibility of emergency arrest due to refusal to comply with prosecution summons. Asia Economy is launching a series of reports to examine the flow, context, core, and key points of this incident by exploring how the ‘Yoon Seok-yeol Treason Trial’ will unfold in court and analyzing the issues. The series will diagnose the points of contention over three installments with the keywords: ① Evidence, ② Arguments, ③ Punishment.

As the military and police leadership consecutively reveal the circumstances surrounding the ‘12·3 Treason,’ the puzzle of the operational plan centered on the president is gradually coming together. The ‘Lotteria meeting’ held two days before the martial law is a representative example. It is understood that the investigative authorities are drawing an organizational chart by assessing the ‘position’ and ‘contribution’ to the treason charges. Treason is a collective crime, and not only attempted crimes but also preparatory conspiracies can be punished. If one falls within the scope of accomplices, severe punishment is unavoidable.

Under criminal law, if convicted as the ‘ringleader of treason,’ one can face the death penalty or life imprisonment. Those performing important duties are expected to receive around 20 years of imprisonment. A public security specialist lawyer said, “The deductive origin of treason is rebellion, so since it is a law created to uphold national authority and order, those who performed their duties organically will receive heavy sentences.” The fact that treason is meticulously defined into ‘ringleader,’ ‘important duty performer,’ ‘accomplice,’ and ‘simple participant’ also reflects its danger and severity.

According to the legal community on the 18th, the number of defendants charged with treason related to the emergency martial law conspiracy centered on President Yoon is expected to increase depending on how far the upper echelons of the conspiracy reach. Treason is an organized crime carried out closely according to position. A lawyer who is a former judge said, “It is a crime committed in groups, and having a ‘small role’ here does not exempt one from charges,” adding, “Sentencing will vary depending on participation in prior conspiracy and contribution to execution, but since this is a political case, the crime will be severe.”

Besides President Yoon, identified as the ‘ringleader of treason,’ others are primarily classified into the categories of important duty performers and participants. These respectively mean ‘those who were aware and prepared in advance’ and ‘those who executed.’ According to the 1996 precedent on Chun Doo-hwan’s treason case, important duty performers are commanders-level officials. The ‘five key commanders of the martial law forces’?former Minister of National Defense Kim Yong-hyun, former Counterintelligence Commander Yeo In-hyung, former Special Warfare Commander Kwak Jeong-geun, former Martial Law Commander Park An-su, and former Capital Defense Command Commander Lee Jin-woo?whose custody was secured by the prosecution’s special investigation headquarters, are all charged as important duty performers. They are considered the command line that planned and conspired the operation.

A lawyer who previously served as the Ministry of National Defense’s legal affairs officer said, “The military holds generals accountable. If we consider ‘independent unit commanders,’ who are regarded as heads of agencies in the executive branch, as having decision-making authority, then this line can be seen as important duty performers.” Military personnel are highly likely to be subject to rebellion charges under the military criminal code.

Statements and evidence from meetings such as the Hannam-dong official residence gathering (March), the Samcheong-dong private residence meeting (3 hours before and on the day of martial law), the Cabinet meeting (before martial law), and the Joint Chiefs of Staff underground bunker meeting (after the National Assembly lifted martial law) are keys to unraveling the treason details. The command, control, execution, and whether a second martial law conspiracy occurred at these locations are critical variables determining indictment and sentencing. If the martial law operation started from the ‘Hannam-dong official residence meeting’ of the Chungam faction (former Minister of National Defense Kim Yong-hyun and Counterintelligence Commander Yeo In-hyung), alumni of Yoon Seok-yeol’s alma mater Chungam High School, in March, it means that the emergency martial law was conspired and planned nine months ago. Punishment will also be heavier.

The only precedent is the ‘12·12 Military Rebellion and 5·18 Treason’ case. Former President Chun Doo-hwan, charged as the ringleader, was sentenced to life imprisonment, and former President Roh Tae-woo, as an important duty performer, was sentenced to 17 years in prison. Huh Hwa-pyung, Chief of Staff of the Security Command, and Lee Hak-bong, head of the Security Command’s Counterintelligence Division, classified as important duty performers, received 8 years imprisonment, while Lee Hee-seong, Martial Law Commander; Joo Young-bok, Minister of National Defense; and Jung Ho-yong, Special Warfare Commander, were sentenced to 7 years.

What about the Cabinet members? Opinions in the legal community differ. Former People Power Party floor leader Choo Kyung-ho, who notified the assembly of the parties involved rather than the National Assembly after the proclamation of the martial law decree, is also under scrutiny. A lawyer in Seocho-dong said, “If Cabinet members’ testimonies conflict, cross-examination can be conducted during the investigation process.”

A senior prosecutor said, “At trial, witness examination to determine command and execution could take a considerable amount of time,” adding, “Assuming there was no prior conspiracy, whether the actions were illegal or not can only be inferred from circumstances.” The consensus is that it is difficult to punish martial law troops mobilized under martial law for treason. A lawyer who is a former senior judge said, “If involvement in martial law is judged by ‘decision-making’ criteria, enlisted soldiers or junior officers were merely mobilized, so it would be hard to see them as having played a role beyond accomplices.”