Former special forces commander sentenced to 12 years for role in coup attempt

A South Korean court has handed down a 12-year prison sentence to Kim Hyun-tae, former commander of the 707th Special Mission Battalion, for his involvement in a December 2023 emergency martial law attempt. The ruling, delivered at the Seoul Central District Court, is the first judicial judgment against military officials accused of acting on what the prosecution termed illegal orders from then-President Yoon Suk-yeol.

Kim was found guilty of charges including participating in a rebellion and abuse of power. The court also sentenced other former military leaders, including Lee Sang-hyun, former commander of the 1st Airborne Special Forces Brigade, to 10 years, and Kim Dae-woo, former head of the Defense Counterintelligence Command's investigation division, to five years. Colonels Kim Bong-gyu and Jeong Seong-wook of the Defense Intelligence Agency received seven-year sentences. However, former Defense Ministry Investigation Agency head Park Heon-soo and former Defense Intelligence Agency planning chief Ko Dong-hee were acquitted, with the court citing a lack of intent and active participation.

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The blockade of the National Assembly is evidently an act that cannot be carried out even under lawful martial law, making its illegality severe.

The court determined that the actions of the five convicted defendants, who led troops to blockade the National Assembly, the National Election Commission, and the Democratic Party headquarters, and participated in attempts to arrest prominent politicians like Lee Jae-myung, constituted significant roles in the rebellion. The court recognized their intent, understanding the illegality and the aim to disrupt the constitutional order.

Specifically, the blockade of the National Assembly, led by Kim Hyun-tae, Kim Dae-woo, and Lee Sang-hyun, was deemed a grave violation that infringed upon the National Assembly's right to demand the lifting of martial law, a right guaranteed by the constitution. The court stated, "The blockade of the National Assembly is evidently an act that cannot be carried out even under lawful martial law, making its illegality severe."

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There is no obligation to obey orders that are clearly illegal.

Regarding the formation of a second investigation unit and the infiltration of the National Election Commission, involving Jeong Seong-wook and Kim Bong-gyu, the court emphasized that the defendants were aware that these actions could lead to the suspension of the electoral system, representative democracy, and the party system for a considerable period. The court explicitly stated this was an act of rebellion with the purpose of disrupting the constitutional order, noting that the deployment of troops to the election commission was linked to investigations into election fraud, which the court identified as the "actual objective" Yoon Suk-yeol and others sought to achieve under the guise of martial law.

In relation to the "politician arrest team" ordered by Kim Dae-woo and others, the court pointed to the attempt to arrest key figures like then-National Assembly Speaker Woo Won-shik, suggesting that the defendants likely understood this was to obstruct the passage of a motion to lift martial law.

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The defendants abandoned their sacred duty of national security and used military force for the benefit of individuals and specific groups.

The court firmly rejected the defendants' defense of merely following orders, stating, "There is no obligation to obey orders that are clearly illegal." It stressed that the defendants "abandoned their sacred duty of national security and used military force for the benefit of individuals and specific groups," and that "a warning must be issued to prevent any future attempts or participation in rebellion."

Kim Hyun-tae, in particular, was sharply criticized for continuing to advocate for the legitimacy of martial law on various YouTube channels after the incident, with the court stating he "mocked the rule of law and the judicial system with an unrepentant attitude."

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He mocked the rule of law and the judicial system with an unrepentant attitude.