First Trial Begins for Moon Administration Security Officials Accused of THAAD Secrets Leak

Request for Clarification of Indictment
Dispute Over Access and Copying of Confidential Records

The trial has begun for senior foreign affairs and security officials from the Moon Jae-in administration, who are suspected of leaking military operation details to the outside in order to delay the formal deployment of the THAAD (Terminal High Altitude Area Defense) system. The court requested that the prosecution clarify the contents of the indictment. The defense requested the declassification of portions designated as confidential, which have restricted access and copying of records.

The 27th Criminal Division of the Seoul Central District Court (Presiding Judge Woo Inseong) held the first preparatory hearing on May 13 for the case involving former National Security Office Director Chung Euiyong, former Defense Minister Jeong Kyeongdoo, and former First Deputy Director of the National Security Office Seo Juseok, who are charged with abuse of authority and obstruction of the exercise of rights. Since attendance by the defendants is not mandatory at a preparatory hearing, former Director Chung and the others did not attend.

Former National Security Office Director Chung Euiyong, accused of illegally and forcibly repatriating North Korean fishermen who expressed their intention to defect, is attending the first trial sentencing at the Seoul Central District Court in Seocho-gu, Seoul on February 19, 2025. Photo by Kang Jinhyung

The court asked the prosecution whether it was accurate that former Deputy Director Seo had established the THAAD response policy during his tenure as Vice Minister of National Defense. The prosecution responded, "It has been confirmed in several documents and through the testimonies of many Ministry of National Defense officials that the defendant led the THAAD issue from the beginning within the ministry at that time."

The court remarked, "At the time, it appears that informing about THAAD-related information in advance had become an internal policy within the Ministry of National Defense," and questioned whether acting according to this policy was problematic. The prosecution explained, "After former Deputy Director Seo resigned from his position as Vice Minister and was appointed as First Deputy Director of the National Security Office, the policy he had established as Vice Minister was implemented again." Specifically, after Seo resigned as Vice Minister of National Defense in May 2019 and was appointed as First Deputy Director of the National Security Office in July of the following year, the policy of notifying opposition groups in advance about ground transportation operations at the THAAD base was reinstated.

The court stated that it would send the prosecution questions regarding the indictment as matters requiring clarification. Clarification refers to the court's authority to request supplementation or further proof when there are unclear or insufficiently proven aspects of a case, and this right falls under the presiding judge's authority to direct proceedings.

The prosecution and defense also clashed over access to and copying of records. The prosecution explained that, considering the need for security, only about 7,000 pages?one-third of the total 20,000 pages of records?could currently be copied. The defense requested, "Please lift the confidentiality to ensure smooth trial proceedings." In response, the prosecution stated, "While we believe that access and copying should be actively permitted to guarantee the right of defense, the authority to designate confidentiality lies with the Board of Audit and Inspection. We have requested their opinion but have not received a response," adding, "Given similar precedents, we hope the court will decide." The court said it would decide on access if a formal request was submitted. The next preparatory hearing is scheduled for June 11.

Former Director Chung and others were indicted last month on charges of instructing that military operation information be provided to THAAD opposition groups, which included anti-state organizations. Former Director Chung and former Minister Jeong are accused of conspiring to instruct the head of the Ministry of National Defense's regional cooperation team around May 2020 to provide THAAD opposition groups with information on the operation to bring in strategic weapons (guided missiles and radar electronic device units), which is classified as military secret level 2. Former Deputy Director Seo is charged with promising to provide operation information to THAAD opposition groups and, between 2018 and 2021, instructing the head of the regional cooperation team on eight occasions to provide information on the transport of THAAD equipment and construction materials, which is classified as an official secret. The prosecution launched its investigation in November last year at the request of the Board of Audit and Inspection.