Command authority dispute intensifies over 1979 martial law deployment

A legal battle is escalating between the special prosecutor's team and the camp of former Chairman of the Joint Chiefs of Staff Kim Myung-soo over command authority during the December 3 martial law incident. The special prosecutor's team is intensifying its investigation into Kim's alleged involvement in rebellion by leading troops, with the central point of contention being who held legal command over military forces deployed during the emergency martial law period.

The special prosecutor's team maintains that the Chairman of the Joint Chiefs of Staff retained command authority even during the martial law, citing Article 9 of the National Defense Act, which states the chairman assists the Minister of National Defense and commands and supervises combat units of each military branch under the minister's orders. Presidential decrees also define units like the Special Warfare Command and Capital Defense Command, deployed during martial law, as 'operational units' under the JCS chairman's command. The team believes Kim should have intervened to prevent troop deployment or order their withdrawal, given that JCS staff advised on procedural issues and the necessity of withdrawing troops.

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The Special Warfare Command and Capital Defense Command were under the control of the Martial Law Command.

Conversely, Kim's side argues that the JCS chairman's role was merely to assist the Minister of National Defense, and that Kim Yong-hyun, the then Minister of National Defense, directly exercised command authority over the Capital Defense Command and Special Warfare Command during the martial law. They claim Kim Myung-soo had no room for involvement. They also assert that a brief order Kim signed, specifying that the Capital Defense Command and Special Warfare Command were to prioritize missions under the martial law commander, was intended only to limit the scope of martial law to those specific units, not to implicate other forces.

Meanwhile, the special prosecutor's team also investigated Han Chang-seop, former Vice Minister of the Interior and Safety, as a reference witness regarding allegations of budget diversion during the relocation of the Yoon Suk-yeol administration's presidential residence.

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The JCS chairman assists the Minister of National Defense and commands and supervises combat units of each military branch under the minister's orders.