The Army's Chief Legal Officer, who boarded the so-called "martial law bus" at Gyeryongdae during the 12·3 Martial Law, has received a heavy disciplinary action. Initially, Kim received a light disciplinary measure of a 10-day suspension, but Prime Minister Kim Minseok ordered a strict re-examination and canceled the initial decision, resulting in a much harsher penalty.
On the 28th, the Ministry of National Defense announced, "A disciplinary committee was convened for Army Chief Legal Officer Kim Sanghwan, and he was given a heavy disciplinary action for violating the duty to comply with laws and the duty of sincerity." Disciplinary actions for military personnel are classified as light (reprimand, suspension, salary reduction) and heavy (suspension from duty, demotion, dismissal, removal from office). It is reported that Kim received a demotion.
Previously, a bus carrying Kim and 34 other Army Headquarters staff members departed from Army Headquarters at Gyeryongdae to Seoul at around 3 a.m. on December 4 last year, after the National Assembly had voted to lift martial law, but returned after 30 minutes. When Kim applied for honorable discharge effective the 30th, the Ministry of National Defense convened a disciplinary committee and imposed a "10-day suspension," the second lowest level of disciplinary action after a reprimand.
However, with Prime Minister Kim intervening, Kim received a heavy disciplinary action. Prime Minister Kim pointed out, "As the Army's Chief Legal Officer, who bears significant responsibility for upholding legal order within the military, Kim had a duty to promptly advise or recommend to General Park Ansu, then Chief of Staff and Martial Law Commander, the immediate lifting of martial law, but failed to fulfill this duty."
According to the current Government Organization Act, if the Prime Minister deems an order or disposition by the head of a central administrative agency to be illegal or unjust, he may suspend or cancel it with the President's approval. Accordingly, the Ministry of National Defense reconvened the disciplinary committee on the afternoon of the 28th and imposed a heavy disciplinary action on Kim. As a result, Kim, who is set to retire on the 30th, will be discharged with the rank of colonel instead of brigadier general.
Meanwhile, the Ministry of National Defense Inspector General's Office has been conducting a fact-finding investigation into the units mobilized or involved during the 12·3 Martial Law since August. The Ministry plans to announce the results of the investigation soon. With the first case, Kim, receiving a heavy disciplinary action, it is likely that the scope and severity of disciplinary measures for other related personnel will also increase.
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
