"Second Investigation Division Under Martial Law" Noh Sangwon Also Gets Two Years in Prison on Appeal

Court: "An Unconstitutional and Unlawful Act"

Former Defense Security Command chief Noh Sangwon, who was indicted on charges of receiving information on personnel belonging to the Defense Security Command in order to form the Joint Investigation Headquarters' "Second Investigation Division" under the Martial Law Command to probe allegations of election fraud after the December 3 Martial Law, was also sentenced to two years in prison on appeal.

Yonhap News Agency

The Criminal Division 3 of the Seoul High Court (Presiding Judge Lee Seunghan) on the 12th sentenced former commander Noh, who was brought to trial on charges of violating the Personal Information Protection Act and receiving a bribe for mediation under the Act on the Aggravated Punishment of Specific Crimes, to two years in prison and a forfeiture of 24.9 million won, the same as the sentence handed down in the first trial.

The court stated, "The declaration of martial law must be carried out only for the limited purpose of restoring constitutional order in the event of war, armed conflict, or a comparable national emergency, but in this case, martial law was envisaged without such substantive requirements being met, and by agreeing to this, organizing the mobilized forces, assigning them specific missions, and preparing for it constituted in itself an unconstitutional and unlawful act." It continued, "The first-instance judgment that the formation of the investigation division, which was carried out as part of these preparatory acts, also constitutes an unconstitutional and unlawful act is justified."

Noh, who was a civilian at the time, is accused of having been deeply involved in the process of plotting the declaration of martial law while serving as an unofficial aide to former Defense Minister Kim Yonghyun, with whom he had maintained ties for 36 years. He was brought to trial last June on charges of receiving military information, including personal data on Defense Security Command agents, in order to organize the Second Investigation Division of the Joint Investigation Headquarters under the Martial Law Command, a covert body that was to investigate alleged election fraud following the declaration of martial law. He is also accused of having received a total of 20 million won in cash and department store gift certificates worth 6 million won between August and September of the previous year from former Defense Security Command Central Newspaper Unit chief Kim Bongkyu (colonel) and former Army 2nd Armored Brigade commander Gu Samhoe (brigadier general), in return for a promise to help them with their promotions.

Meanwhile, former commander Noh is also on trial on insurrection charges together with former President Yoon before the Criminal Division 25 of the Seoul Central District Court (Presiding Judge Ji Gwiyoun). In that case, prosecutors have sought a 30-year prison term for Noh. The verdict will be delivered on the 19th.