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Judge who acquitted DP's Lee allegedly targeted in martial law order: National police chief

Published: 13 Dec. 2024, 13:19 Updated: 13 Dec. 2024, 14:07

Former Defense Counterintelligence Command Commander Lt. Gen. Yeo In-hyung attends an intelligence committee meeting at the National Assembly in Yeouido, western Seoul, on Saturday. [YONHAP]

A judge who previously acquitted Democratic Party (DP) leader Lee Jae-myung was allegedly among those targeted by soldiers during President Yoon Suk Yeol's short-lived imposition of martial law on Dec. 3, according to the national police commissioner.

National Police Commissioner Cho Ji-ho revealed this information during questioning by a police special investigations team on Thursday following his emergency arrest over his role during the martial law declaration, according to an exclusive report by JoongAng Ilbo, an affiliate of the Korea JoongAng Daily. Cho allegedly instructed police officers to cordon off the National Assembly compound to block lawmakers from entering parliament after President Yoon Suk Yeol declared martial law on Dec. 3.

Cho, during questioning, said that he was ordered by Defense Counterintelligence Commander Yeo In-hyung to track the locations of some 15 individuals, including politicians, after martial law was declared. The list included a judge who acquitted DP leader Lee on charges of suborning an official to commit perjury.

The judge in question, Kim Dong-hyun of the Seoul Central District Court, acquitted Lee of his alleged charges on March 25, saying, “There was perjury, but it is difficult to say that the perjury had intentions.” The case involved allegations that Lee had persuaded a former secretary to the late former Seongnam Mayor Kim Byung-ryang to give false testimony on his violations of the Public Official Election Act.

The Supreme Court made a statement on Thursday stating that if Cho's claims are proven true, it would mean a violation of power.

This will mark the first instance when a sitting judge has been targeted for arrest under martial law directives, If Cho’s statements are substantiated. It is also expected to have significant repercussions, as it suggests that Yoon, former Defense Minister Kim Yong-hyun and martial law forces sought to neutralize not only the legislative branch but also the judiciary.

Democratic Party leader Lee Jae-myung speaks at the National Assembly on Friday regarding the impeachment of President Yoon Suk Yeol. [NEWS1]

Yeo has previously admitted to directing Cho and the former First Deputy Director of the National Intelligence Service Hong Jang-won to locate key figures for arrest during the short-lived martial law period.

The surveillance list, according to Cho, also includes DP leader Lee Jae-myung, People Power Party leader Han Dong-hoon, former Chief Justice of the Supreme Court Kim Myeong-su and the Chairman of the Legislation and Judiciary Committee Jung Chung-rae, among others. Prosecutors and police are currently investigating the matter.

Cho, however, reportedly testified that he "did not comply with the orders given to him," consistent with his previous assertions.

During the National Assembly’s Legislation and Judiciary Committee session held on Monday, Cho said, “location tracking itself is illegal and requires a court-issued warrant, so it wasn’t’ something the police could do.” He also told investigators in previous police questioning that he defied orders from his superiors three times by “ripping up the papers containing president’s directives, refusing Yeo’s order to track the locations of politicians and rejecting Yoon’s instruction to arrest lawmakers.”

Cho mentioned that he expressed his intention to resign following the lifting of martial law on Dec. 3.

During questioning, Cho also said he received six phone calls from Yoon after his martial law announcement, directing him to “arrest lawmakers and others" for violating the martial law order. However, Cho reportedly claimed that he did not follow through and called a junior police officer after the martial law was lifted, telling him that the decree "ended quickly because I disobeyed [the president's] instructions."

The junior police officer told JoongAng Ilbo in a phone call that he discouraged Cho from resigning, saying, “Why submit a resignation when you have saved democracy?”

Regarding the meeting at President Yoon’s safe house with Seoul Metropolitan Police Agency Chief Kim Bong-sik and former Defense Minister Kim prior to the declaration of martial law, Cho testified that Yoon spoke for five minutes and asserted the legitimacy of the martial law by referencing pro-North Korean leftist groups and the National Assembly’s impeachment efforts.

Cho claimed that he was taken aback by the president’s remarks, wondering if Yoon was testing him.

He further testified that he returned to his official residence around 7:50 p.m. and discussed the matter with his wife, expressing disbelief at the president’s rationale. He added, “I could not bring myself to carry out such an irrational directive, so I tore up the document containing the orders and discarded it in the trash.”

Cho also apologized to police officers, saying, “I tried to protect democracy by defying the president’s order, but this has unfortunately created the false impression that I participated in the martial law declaration.” He urged the police to “fulfill their duties with unwavering resolve.”

Update, Dec. 13: Story updated to include more information from Cho and the junior police officer, as reported by JoongAng Ilbo.

BY LEE YOUNG-KEUN, NA UN-CHAE, WOO JI-WON [[email protected]]