Court: "Defending democracy is only a personal motive
and cannot justify the purpose of insurrection"
Kim Yonghyun sentenced to 30 years, Noh Sangwon to 18 years
Cho Jiho gets 12 years as military and police leadership also receive prison ter
Former President Yoon Suk Yeol, who was indicted on charges of leading an insurrection in connection with the December 3 Martial Law, was sentenced to life imprisonment in the first trial on the 19th. The court ruled that even though declaring martial law is an exclusive presidential power, using armed force to paralyze the functions of the National Assembly clearly constitutes an "insurrection" that goes beyond the scope of an act of state.
The 25th Criminal Division of the Seoul Central District Court (Presiding Judge Ji Gwiyeon) sentenced former President Yoon to life imprisonment on charges including leading an insurrection. Earlier, on January 13, the special prosecutor's team for the insurrection case led by Jo Eunseok had requested the death penalty for former President Yoon during the closing arguments.
The court in this case also defined the December 3 Martial Law as an insurrection and found that former President Yoon's actions met the constituent elements of the crime of insurrection, namely the "purpose of disrupting the constitutional order" and "rebellion." The court stated, "Under our Constitution and the Martial Law Act, even in the case of extraordinary martial law, it is not permissible to infringe upon the authority of the National Assembly or the essential functions of the executive and judiciary," and held that "mobilizing the military for this purpose does not constitute an exercise of power as defined by the Constitution, but clearly falls under the crime of insurrection."
The court also rejected the argument from former President Yoon's side that his actions were a "legitimate act of state to defend liberal democracy." The court pointed out, "Any claimed legitimacy in trying to correct a national crisis remains only at the level of motive or reason, and must not be confused with the purpose of sending the military to the National Assembly to paralyze its functions." It went on to say, "Using the military to block or paralyze the functions of the National Assembly for a considerable period is nothing more than the exercise of sheer force, not an exercise of authority defined by the Constitution, and such a subjective motive cannot negate the establishment of the crime of insurrection."
The court stated, "The act of insurrection has inflicted immeasurable and enormous damage on our society by fundamentally undermining the value of democracy and tarnishing our external credibility," and criticized, "Former President Yoon led the crime, yet has not even expressed an intention to apologize."
However, the court did not accept the special prosecutor's claim that former President Yoon had been preparing the declaration of martial law for about one year in advance. The court found, "Looking at the measures taken under martial law in this case, they are too crude to be considered as having been prepared over a long period with firm intent, and there is also a lack of specific evidentiary materials to prove this." It also took into account, as factors in sentencing, that he banned the carrying of live ammunition to curb direct loss of life and that he is of advanced age.
Former President Yoon was placed under arrest and indicted in January last year on charges of declaring unconstitutional and unlawful martial law on December 3, 2024, and of staging a rebellion for the purpose of disrupting the constitutional order by mobilizing the military and police to occupy the National Assembly and the National Election Commission. He is also accused of blocking the National Assembly with martial law forces and police to obstruct a resolution to lift martial law, and of attempting to arrest and detain key political figures.
Former Defense Minister Kim Yonghyun, who was indicted along with Yoon, was sentenced to 30 years in prison, and former Defense Intelligence Command chief Noh Sangwon was sentenced to 18 years. Former National Police Agency Commissioner General Cho Jiho received a 12-year prison sentence, former Seoul Metropolitan Police Agency Commissioner General Kim Bongsik received a 10-year sentence, and former National Assembly Security Unit Commander Mok Hyeontae was also given a five-year prison term.
The court found former Minister Kim and former Commander Noh, among others, guilty of "engaging in important duties in an insurrection." The court explained, "In the context of the crime of insurrection, a person engaging in important duties refers to someone who plays a key role in the planning or execution of the insurrection," and found that "Former Minister Kim was involved in the overall design and control of the crime by recommending the declaration of martial law and ordering the deployment of troops, and former Commander Noh also held a key position beyond mere participation by conspiring concrete plans for the mobilization of the military."
With regard to on-site commanders and others, the court added, "Even if they were following orders from superiors, if they at least implicitly recognized that those orders constituted acts of insurrection destroying the constitutional order, yet still carried out core missions such as blocking the National Assembly, they cannot be exempt from responsibility as persons engaging in important duties."
However, the court acquitted former National Office of Investigation Planning and Coordination Officer Yoon Seungyoung of the National Police Agency and former 3rd Army (Third Field Army) Command Provost Marshal (Colonel) Kim Yonggun, stating, "There is insufficient evidence that they shared the criminal purpose or participated in the conspiracy."
With this ruling, former President Yoon became the third former president to receive a heavy sentence for insurrection, following former Presidents Chun Doo-hwan and Roh Tae-woo. The court remarked, "An attempt by the head of the executive branch to neutralize the legislature by mobilizing military force is an incident that is hardly found in advanced countries."
© The Asia Business Daily(www.asiae.co.kr). All rights reserved.
