Court acquits ex-military official in martial law case, citing lack of intent

A South Korean court has acquitted a former military intelligence official, identified as Ko Dong-hee, of charges related to a controversial martial law operation in 2024. The court ruled that Ko, a former planning chief at the Defense Security Command, likely did not know the mission's true objective was to investigate alleged election fraud, and therefore could not be held liable for participating in an act aimed at undermining the constitution.

Ko was accused of entering the National Election Commission (NEC) headquarters during the period of martial law, confiscating employees' mobile phones, and photographing servers. The court acknowledged that Ko had questioned the basis for the mission when first ordered, but his superior, Moon Sang-ho, reportedly said he would explain later. During the operation, Ko reportedly ensured employees left the premises, collected their phones, and photographed the server room, including integrated voter lists and organizational charts, before transmitting the images to Moon.

“

Ko Dong-hee could have recognized the mission to enter the Election Commission and control access and secure the server room as an act of defending state institutions during a state of emergency.

The court stated that Ko could have reasonably perceived his task of controlling access and securing the server room as an act of "defending state institutions" during a state of emergency. The judges concluded that Ko likely did not realize his actions would lead to the suspension of the NEC's functions or that the mission was specifically aimed at investigating election irregularities. This lack of criminal intent was a key factor in his acquittal.

“

It is unlikely that he reached the understanding that this would lead to the suspension of the Election Commission's functions.

Similarly, Park Heon-soo, a former head of the Defense Ministry's investigation headquarters, was also acquitted of charges related to martial law. Park had been accused of relaying a request from a former counter-intelligence commander to send 100 investigators to the counter-intelligence command. The court found that Park likely believed this request was for the purpose of forming a joint investigation team under martial law, rather than for the specific purpose of arresting politicians like then-President Lee Jae-myung.

The court cited the brevity of Park's phone calls with the counter-intelligence commander and his subsequent actions, which were consistent with established procedures for forming joint investigation units, as evidence that he lacked the specific intent to participate in an unconstitutional act. The court also noted that Park was not involved in the drafting of controversial martial law documents from 2017, further distancing him from the alleged conspiracy.

“

Park Heon-soo recognized the request from the commander as an order to dispatch investigators for the formation of a joint investigation headquarters.