Judge Jigi-yeon: Kim Yong-hyun led preparations for martial law... Jo Ji-ho allowed military access to the National Assembly
The court sentenced former President Yoon Seok-yeol to life imprisonment for leading a coup, highlighting the importance of shared awareness of constitutional disruption among military command.
The Seoul Central District Court, presided over by Judge Jigi-yeon, issued a life sentence to former President Yoon Seok-yeol on charges of being the instigator of a coup. The ruling was based on the critical assessment that it was not merely participation in the declaration of emergency martial law that determined culpability, but the intention to disable the National Assembly's powers and functions through military force. This nuanced understanding has significant implications for how military and police leadership involved in the coup are judged, as the court differentiates between levels of involvement based on awareness of the coup’s objectives.
In a broader verdict concerning seven military and police officials charged with playing crucial roles in the coup, the court found five guilty and two not guilty, emphasizing the pivotal role of 'awareness and sharing of the purpose of constitutional disruption'. The court articulated that those involved in riotous activities must have an understanding of their objectives to be found guilty of conspiracy to commit rebellion. This precedent sets a benchmark for future legal interpretations of collective crimes in political contexts, underscoring the need for higher thresholds of culpability among co-conspirators.
Central to the case is Kim Yong-hyun, the former Minister of National Defense, identified as a key player in leading the preparations for martial law. The court described him as having timeously planned for the military's interference with the National Assembly, elections, opinion polls, and more, and for orchestrating an independent investigation into alleged electoral fraud. As a result, he received the heaviest sentence of 30 years in prison. Also found guilty were former police chiefs Jo Ji-ho and Kim Bong-sik, who were implicated in maintaining order at the behest of former President Yoon shortly before the martial law declaration, further illustrating the court's stringent stance against those involved in the upheaval.