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Ex-defense minister acknowledges he may have violated the Martial Law Act

Published: 06 Dec. 2024, 19:24

LEE SOO-JUNG
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Former Defense Minister Kim Yong-hyun, left, speaks with President Yoon Suk Yeol in central Seoul during a military parade in October. [JOINT PRESS CORPS]

Former Defense Minister Kim Yong-hyun, who played a leading role in the president's martial law declaration, said the deployment of armed forces to the National Assembly was in accordance with the martial law announced by the president, the commander in chief.

Ex-Defense Minister Kim acknowledged that he had exercised the authority of a martial law commander, despite not having direct command over the martial law troops, admitting that he may have violated relevant laws. Kim was an incumbent defense minister when martial law was imposed late Tuesday evening, and his resignation was processed on Thursday.

In the late hours of Tuesday, around an hour after the declaration of martial law by President Yoon Suk Yeol, some 280 military soldiers armored with guns entered a compound of the National Assembly where parliamentarians gathered to vote to lift martial law.

Kim wrote, “military personnel and commanding officers followed an order from the Defense Minister” in a Telegram message to the JoongAng Ilbo, an affiliate of the Korea JoongAng Daily.

Unqualified Order

Soldiers withdraw from Korea's National Assembly in the early hours of Wednesday morning after lawmakers vote to overturn President Yoon Suk Yeol's introduction of martial law in Yeouido, western Seoul. [NEWS1]

The Martial Law Act stipulates that the defense minister can make recommendations as to who is appointed martial law commander as well as supervise the command’s action. However, there is no provision that the defense minister can directly order specific actions to martial law forces.

In a parliamentary national defense committee’s questioning on Thursday, Vice Defense Minister and Acting Defense Minister Kim Seon-ho answered that “Minister [Kim Yong-hyun] made the order to dispatch military personnel” when asked who ordered the mobilization of armed forces at the National Assembly.

Also, Army Chief of Staff Gen. Park An-su, who was appointed martial law commander, stated that he “did not command” the armed forces to enter the parliamentary compound when asked the same question. Park added that he became aware of martial law force mobilization at the National Assembly after seeing media reports.

Park also testified that ex-Defense Minister Kim ordered a retreat of the soldiers from the National Assembly at 1:18 a.m. on Wednesday after lawmakers unanimously voted against martial law.

The JoongAng Ilbo said ex-Defense Minister Kim’s action appeared to be a direct instruction on the operations of martial law forces, even if he was not authorized to take such actions. According to Park, Kim stated that Yoon “delegated him an authority” to mobilize and direct martial law forces.

However, the Martial Law Act does not define nor prescribe any actions of delegating presidential authority during the martial law enactment. It only defines that the “president instructs and supervises the head of Martial Law Command in case of nationwide martial law imposition.”

Avoiding parliamentary encounter

Vice Defense Minister and Acting Defense Minister Kim Seon-ho speaks during a parliamentary meeting at the National Assembly in western Seoul. [NEWS1]

Despite an appointment of the martial law force commander, it appeared that former Defense Minister Kim was deeply involved in the implementation of martial law. Yet, Kim did not attend a parliamentary committee’s questioning because his resignation was processed by President Yoon earlier in the day. The JoongAng Ilbo reported that Kim seemingly dodged the bullet by stepping down from his post.

Besides Park, three other senior military officers suspected to be involved in martial law implementation did not attend the parliamentary questioning. The three officers are ex-Defense Minister Kim Yong-hyun and commanders Kwak Jong-geun and Lee Jin-woo, who led the Army’s Special Warfare Command and the Capital Defense Command, respectively.

Acting Defense Minister Kim and Park stated that they became aware of martial law after Yoon’s announcement at 10:23 p.m. on Tuesday late evening.

Park recalled that he had to hurriedly go to the situation room after Yoon’s martial law declaration. Ex-Defense Minister Kim reportedly notified Park about his duty as commander at a meeting that was held after Yoon’s announcement.

Issue on the martial decree

A military vehicle is seen in front of the National Assembly in western Seoul in early hours of Wednesday. [NEWS1]

The parliamentary defense committee also delved into the background of the martial law decree, including who wrote it — which has quickly become another center of controversy due to extreme expressions such as “punishment will be executed on those who violate the decree.”

Acting Defense Minister Kim stated that the writer of the decree has not been ascertained nor identified. Yet, he said it was not written by his ministry as far as he knows.

Although the decree was publicly issued in Park’s name, Park said he received it from ex-minister Kim. Park also stated that he first saw the decree in the situation room at the Joint Chiefs of Staff (JCS).

Former Defense Minister Kim said the decree “would have no issues as its review was complete” when Park “suggested a legal review as the clause prohibited political activities at the National Assembly,” according to Park.

Acting Defense Minister Kim and Army Chief of Staff Park also proved that senior military officers objected to martial law.

Kim testified that he “disagreed on the mobilization of military forces” and “now feels responsibility that he failed to monitor military forces behavior in advance.” Park acknowledged that the “military passively responded and its movement was not well orchestrated” in a question from People Power Party Rep. Kang Dae-sik, who asked whether the military underacted due to the low success possibility of martial law.

The questioning also revealed Park's prohibition on the usage of blank ammunition and taser guns despite Kwak’s request.

So it goes to the President

Former Defense Minister Kim Yong-hyun speaks at the National Assembly last month. [YONHAP]

Kim also wrote in his message to the JoongAng Ilbo that Yoon claimed that emergency measures were needed based on his thoughts that “there would be no future in Korean democracy without eradicating active but unseen pro-Pyongyang forces.” His message also reportedly included Yoon’s perspective of viewing budget cuts from the liberal Democratic Party as treason and paralysis of administrative and judicial systems.

Kim also wrote it was a strong expression of Yoon to “correct constitutional value and order and to protect free and democratic Korea from antistate activities.”

The JoongAng Ilbo said ex-Defense Minister’s words stressed Yoon’s willingness to impose martial law instead of his involvement.

BY LEE YU-JEONG, LEE KEUN-PYUNG, LEE SOO-JUNG [[email protected]]