Lee Jin-woo's Side: "Possibility of Not Guilty for Treason... Request for Bail Approval"

Military Prosecutors: "Evidence Tampering Already Suspected... No Remorse Shown"

The former Army Capital Defense Command Commander Lee Jin-woo, who was indicted on charges including engaging in important duties during an internal rebellion related to the 12·3 emergency martial law, has applied for bail. Lee's side stated, "There is a considerable possibility of innocence."

Lee's defense attorney argued at the bail hearing held at the Central District Military Court in Yongsan-gu, Seoul, saying, "To fully guarantee the defendant's right to defense, it is reasonable to proceed with the trial while he is not in custody." Lee appeared in court again that day wearing his military uniform.

Former Capital Defense Command Commander Lee Jin-woo is attending the 3rd hearing of the "Special Committee for the National Investigation on the Truth of the Insurrection Charges through the Declaration of Martial Law by the Yoon Seok-yeol Government," held at the National Assembly on the 6th. 2025.2.6. Photo by Kim Hyun-min

The attorney said, "The defendant is currently on trial for the crime of internal rebellion, but there is a dispute over whether the emergency martial law is unconstitutional and whether the defendant's intent for rebellion, such as riot, can be recognized," adding, "Since the defendant lacks awareness of that part (internal rebellion), there is a considerable possibility of innocence." In other words, if the emergency martial law is lawful and the crime of internal rebellion does not apply accordingly, innocence can be established.

Furthermore, the defense stated, "If that is the case, it cannot be seen that the defendant conspired with President Yoon Seok-yeol or former Minister of National Defense Kim Yong-hyun as alleged," but added, "In some respects, there is a possibility that President Yoon and former Minister Kim conspired in an indirect form."

The defense continued, "Since sufficient investigation of witnesses has been conducted after detention, and regarding evidence tampering, the defendant is currently on leave from prosecution and cannot return. If there is no concern about evidence tampering, it is fully possible to grant bail on the condition that the defendant does not contact those involved in the case."

In response, military prosecutors stated, "There has been no change in the reasons for detention since the arrest, and the defendant committed crimes punishable by life imprisonment or imprisonment exceeding 10 years," adding, "There are already circumstances indicating evidence tampering, and there is concern that it may be repeated in the future, which corresponds to reasons for excluding bail."

The military prosecutors also said, "Only the first preparatory hearing has been conducted, and no witness examination has taken place yet. If the defendant is released early on bail, there is a high risk that witnesses scheduled to testify may be pressured or coerced, restricting free testimony," and requested the court to dismiss the bail application, stating, "Especially since the matter is serious and the defendant's criminal nature is extremely poor, and he does not admit any wrongdoing, it is necessary to maintain detention."

Meanwhile, Lee stated in his testimony that day, "As one of the martial law commanders who was deployed and led the site, I apologize to the people," and added, "I will accept my responsibility through the trial."

However, he criticized the media for sensationalizing the 12·3 incident, saying, "A few days ago, I read the testimonies of soldiers who were deployed to the National Assembly for the first time. Even in that urgent situation, no one was injured or involved in clashes, and they showed a democratic civic consciousness of mutual respect," and added, "I believe this aspect should also be accurately conveyed to the next generation."