Kang Eeku's Legal Team on 'Post Hoc Martial Law Proclamation Document': "Room for Legal Dispute"

"Objective Facts Are Acknowledged"

The first trial has begun for Kang Eeku, former Chief of Staff to the Presidential Secretariat, who has been indicted on charges of drafting a post hoc martial law proclamation during the 12·3 Martial Law. Kang's legal team acknowledged the objective facts but argued that there is room for legal dispute.

Kang Eeku, former Chief of Staff to the President, appeared as a witness at the Special Prosecutor's Office for Fallen Marines in Seocho-gu, Seoul on July 16, 2025. Photo by Yoon Dongju

The 30th Criminal Division of the Seoul Central District Court (Presiding Judge Park Okhee) held the first pretrial hearing for Kang on charges of forging and using false official documents and violating the Presidential Records Management Act. The pretrial hearing is a procedure held before the formal trial to confirm the positions of both the defendant and the prosecution and to discuss plans for presenting evidence. Attendance by the defendant is not mandatory, so Kang did not attend the hearing on this day.

The Special Prosecutor's Team for Insurrection (Special Prosecutor Cho Eunseok) stated, "Kang, in collusion with former President Yoon Sukyeol, former Prime Minister Han Ducksoo, and former Minister of National Defense Kim Yonghyun, falsely drafted a document titled 'Martial Law Proclamation' around December 6, 2024, after the lifting of martial law, making it appear as if martial law had been declared according to a document pre-approved and signed by the President, even though, under the Constitution, the Prime Minister and relevant ministers had not endorsed it at the time of the declaration."

The special prosecutor's team also revealed that Kang kept the document in the Secretariat and then destroyed it on December 10, 2024, which constitutes a violation of the Presidential Records Management Act.

Kang's defense team responded, "We acknowledge the objectively established facts," but added, "There is room for dispute regarding the alleged conspiracy, the purpose of the act, and the circumstances as described in the indictment." They further argued, "Above all, there is a legal dispute as to whether the document, which was drafted after the martial law proclamation and then destroyed, can be considered a false official document."

The court decided to hold another pretrial hearing on the 25th of next month.

Previously, the Special Prosecutor's Team for Insurrection (Special Prosecutor Cho Eunseok) indicted Kang without detention on charges of forging official documents, damaging public property, and violating the Act on Presidential Records.