South Korea's ex-defense minister gets 3 years for leaking military secrets tied to martial law bid

Former South Korean Defense Minister Kim Yong-hyun has been sentenced to three years in prison for leaking sensitive military information. The Seoul Central District Court found Kim guilty of providing a list of military intelligence personnel to Noh Sang-won, a former chief of the Defence Intelligence Command who had been dismissed years prior. This occurred between October and November 2024, following a conspiracy with then-Defence Intelligence Commander Moon Sang-ho and others.

The court emphasized Kim's responsibility as defense minister to protect military secrets and personnel information. It stated that his actions played a crucial role in enabling Noh Sang-won, a civilian, to access this confidential data. The court further described Kim's actions as a "driving force" behind former president Yoon Suk Yeol's controversial martial law declaration.

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As defence minister, the defendant was in a position responsible for protecting military secrets and the personal information of service members, and was more aware than anyone of the need to safeguard military secrets and the personal details of personnel carrying out special missions. Despite this, he played a decisive role in allowing Noh Sang-won, a civilian, to access the relevant personal information.

Prosecutors had sought a five-year sentence, alleging the leaked list was intended to facilitate a "second investigation unit" under martial law to examine unsubstantiated election fraud claims. They argued this constituted an attempt to mobilize elite intelligence personnel for an unconstitutional and illegal investigation, thereby compromising the military's political neutrality.

Kim's legal team has announced their intention to appeal the ruling. Attorney Yoo Seung-soo criticized the judgment, stating it incorrectly classified information not officially designated as a military secret as confidential. He argued this allows the current administration to potentially punish military personnel's duties based on political preferences.

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This is a flawed judgement that treats something that was neither designated, registered nor managed as a military secret as confidential, thereby allowing all duties performed by military personnel to be punished according to the current administration’s political preferences.