Former Military Intelligence Chief Arrest Warrant Issued Over Martial Law Allegations

On December 13, 2024, the Special Investigation Unit of the Seoul High Prosecutors' Office, led by Chief Prosecutor Park Se-hyun, requested an arrest warrant for former National Defense Intelligence Command Chief Yeon In-hyung on charges of insurrection-related duties and abuse of power. This marks the second arrest warrant issued in connection with the martial law incident, following the arrest of former Defense Minister Kim Yong-hyun. The investigation is intensifying against the intelligence agency, which is believed to have played a crucial role in the preparation and execution of the martial law.

Prosecutors allege that during the martial law declared on December 3, Yeon coordinated efforts to detain and imprison politicians with assistance from the police and the National Intelligence Service (NIS), and deployed intelligence troops to the National Assembly and the National Election Commission. Yeon was appointed as the head of a joint investigation team tasked with interrogating key figures under the martial law regime, making him the second-in-command after former Army Chief of Staff Park An-soo, who served as the martial law commander.

During the investigation of former intelligence investigation chief Kim Dae-woo and former NIS Deputy Director Hong Jang-won, prosecutors reportedly obtained testimonies indicating that Yeon directly ordered the arrest of 14 prominent individuals. Evidence has also emerged suggesting that Yeon inquired about the possibility of detaining these individuals at the B-1 bunker under the Army Capital Defense Command and the detention facilities of the Capital Defense Command. Furthermore, Yeon allegedly requested 100 investigators from the National Police Agency and the Ministry of National Defense for intelligence operations, including the arrest of key figures.

There are also allegations that Yeon drafted the martial law proclamation under the direction of former Minister Kim and received documents related to martial law preparations, such as operational reference materials for the martial law command and joint investigation team.

Since December 9, prosecutors have conducted searches of the intelligence agency for five consecutive days. They have also interrogated mid-level officials from the intelligence agency and the National Police Agency.

Yeon, along with President Yoon Suk-yeol and former Minister Kim, is an alumnus of Chungam High School. Reports suggest that during the investigation, Yeon stated that President Yoon had mentioned martial law several times in private discussions before its declaration, indicating his opposition to it.

On the same day, the investigation into the Special Warfare Command continued, with former commander Kwak Jong-geun, chief of staff Park Jeong-hwan, and 3rd Airborne Brigade commander Kim Jeong-geun being summoned for questioning regarding the deployment of troops to the National Assembly during the martial law.

Additionally, arrest warrants were requested for Police Chief Jo Ji-ho and Seoul Police Chief Kim Bong-sik, who are accused of directing police forces to prevent lawmakers from convening to discuss the repeal of the martial law. During the hearing at the Seoul Central District Court, Jo's defense team revealed that the list of 15 individuals he was instructed to arrest included Judge Kim Dong-hyun, who previously acquitted Democratic Party leader Lee Jae-myung of perjury charges. Jo's team argued that while they agree that those guilty should be punished, being present at a crime scene does not equate to guilt.

The police also secured Jo's encrypted phone, which was reportedly used when President Yoon issued directives for the arrest of lawmakers. This phone is equipped with anti-eavesdropping and call recording prevention software, but no search has been conducted on the related servers. On December 12, the police also searched the Ministry of National Defense, seizing an encrypted phone used by former Minister Kim and CCTV footage from the Joint Chiefs of Staff command center.

Concerns are rising within the legal community regarding the difficulty of obtaining objective evidence to substantiate the illegal activities of those involved in the martial law. Reports indicate that Jo tore up a martial law document received from President Yoon before the announcement. Even if investigators secure the encrypted phone, they may not be able to retrieve call recordings. A legal expert noted that proving guilt in court requires not only testimonies from involved parties but also supporting objective evidence, which may be challenging to obtain from high-ranking police and military officials due to their security clearance.

Meanwhile, Lee Ha-sang, the new attorney for former Minister Kim, argued that the declaration of martial law is a unique governing authority granted to the president by the constitution and is not subject to judicial review. He further claimed that attempts to label the president's declaration of martial law as insurrection and to investigate or prosecute it constitute acts of insurrection against the constitution. The law firm that previously represented Kim, Daeryuk Law Group, resigned on December 11.