Ex-Army Commander Roh Sang-won Gets 2 Years in Prison for Martial Law Investigation Plot

In a landmark ruling, South Korea's Supreme Court has upheld a two-year prison sentence for former Army Commander Roh Sang-won, marking the first definitive judicial decision concerning the controversial 'December 3 martial law' incident. The court found Roh guilty of violating personal information protection laws and illicitly receiving payments, confirming his role in attempting to establish a clandestine investigation unit aimed at probing alleged election fraud should martial law have been declared. This verdict sends a strong message about the boundaries of military and political power in a democratic society.

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There is no error in the appellate court's judgment that exceeded the limits of free evaluation of evidence or misunderstood the legal principles regarding the formation of the crime of violating the Personal Information Protection Act.

The case centered on Roh's actions in late 2023, when, as a civilian, he allegedly acquired sensitive personal and military data of approximately 40 intelligence unit members. The prosecution argued that this was in preparation for forming a 'second investigation unit' to investigate the National Election Commission for election manipulation, a plan allegedly discussed with then-Defense Minister Kim Yong-hyun. Roh's defense claimed the purpose was to prepare for a potential mass defection of North Korean residents, a justification that failed to convince the lower courts or the Supreme Court.

Evidence presented during the trials, including Roh's statements about needing to 'go to the Election Commission' if martial law were imposed and his involvement with documents detailing the arrest of 30 election commission officials, significantly undermined his defense. The courts found these actions, particularly the targeting of specific regional personnel, inconsistent with the stated objective of preparing for a North Korean defection scenario. Both the first and second trials emphasized that planning and preparing military formations and missions under the assumption of martial law, without meeting its substantive requirements, constituted a clear violation of the constitution and laws.

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The act of planning and preparing the formation of the 'second investigation unit' to investigate the National Election Commission for election fraud was clearly unconstitutional and illegal.

Furthermore, Roh was convicted of accepting bribes totaling 24.9 million won (approximately $18,000 USD) under the guise of facilitating military promotions. This aspect of the ruling highlights concerns about corruption within the military ranks. While Roh's sentence is now final, trials are ongoing for other high-ranking military officials implicated in the case, including former Defense Minister Kim Yong-hyun. The Supreme Court's decision solidifies the legal precedent against such unconstitutional preparations and reinforces the principle of civilian control over the military in South Korea.

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The act of planning and preparing troop composition and missions, assuming the declaration of martial law in a situation where the substantive requirements for martial law were not met, is itself unconstitutional and illegal.