President ordered removal of curfew from martial law decree, says ex-defense minister's lawyers
Published: 26 Dec. 2024, 16:26
Updated: 26 Dec. 2024, 19:35
Audio report: written by reporters, read by AI
![Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26 [NEWS1]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/8b4bb5ca-aeb8-40eb-b2de-191f8890a535.jpg)
Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26 [NEWS1]
Former Defense Minister Kim Yong-hyun's legal team denied insurrection accusations, insisting that President Yoon Suk Yeol's Dec. 3 declaration of martial law was to "sound the alarm against political malfeasance using the National Assembly" and "root out anti-state forces."
Two of Kim’s legal representatives, Yoo Seung-soo and Lee Ha-sang, held a press conference at the Corea Conference Center in Seocho District, southern Seoul, on Thursday morning, where they read a prepared statement that they said was "identical to the president’s message at the time of the martial law declaration."
The legal team claimed the president made only one substantial modification beyond editing phrases in the martial law declaration, adding that "martial law typically involves imposing curfews or restrictions on the public, the draft prepared by the Minister initially included such provisions."
"However, the president, emphasizing that martial law was not intended to target the general public but rather to sound an alarm to the National Assembly, ordered the removal of these clauses, considering the inconvenience to the public’s daily lives and economic activities."
Another reason the legal team provided to justify the declaration of martial law, was "to address and resolve the public's suspicions about elections in the Republic of Korea.”
"The public’s doubts about election management are neither new nor unfounded,” said Kim’s legal team. “Resolving such suspicions is the government’s role, and above all, it is the responsibility of the National Election Commission (NEC).”
According to a report on Dec. 19 by the JoongAng Ilbo, an affiliate of the Korea JoongAng Daily, multiple NIS officials said the agency informed the National Assembly that it had found no evidence of electoral fraud for the April 10 general election during a joint inspection with the Korea Internet and Security Agency on the NEC from July to September last year.
![Footage from the surveillance cameras at the National Election Commission's headquarters shows soldiers taking photos of the commission's data servers on Dec. 3. [NATIONAL ASSEMBLY]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/a5f6c838-f05e-47c7-ad0f-8955578d56d3.jpg)
Footage from the surveillance cameras at the National Election Commission's headquarters shows soldiers taking photos of the commission's data servers on Dec. 3. [NATIONAL ASSEMBLY]
"[The martial law declaration] was to root out pro-North Korea sympathizers and anti-state forces that have infiltrated every corner of society to subvert the Republic of Korea and secure its future for the next generation,” said the legal team. “Anti-state forces operate covertly across various sectors, manipulating public opinion, inciting unrest and plotting to overthrow the state."
"The Constitution grants only the president the authority to declare martial law, unlike the National Assembly or the judiciary,” said Kim’s team. "The president’s lawful and legitimate declaration of martial law cannot constitute insurrection."
The legal team accused the National Assembly of attempting insurrection, saying that the DP's accusation against the president “is not only a contradictory claim but also a severe attempt at insurrection to oust an elected president through incitement, as has often been their strategy."
“Such a party, which seeks to render the president a powerless vegetable and the administration inoperative, can’t be deemed a party for the people," said the legal team, alluding to the liberal Democratic Party (DP). They also said that the DP "ultimately attempted to paralyze the state by abolishing the budget."
![Martial law troops are seen at the National Assembly in Yeouido, western Seoul on Dec. 3. [KIM SUNG-RYONG]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/1847c3b5-82d4-4987-8dcf-477cc7e1cfdf.jpg)
Martial law troops are seen at the National Assembly in Yeouido, western Seoul on Dec. 3. [KIM SUNG-RYONG]
"Foreign media have described the current situation as 'democracy at work,' referring to the process of declaring martial law, addressing its termination demands and ultimately lifting it,” said Kim’s representatives.
"Martial law was intended as a warning, and it is an indisputable fact that there were no casualties,” said the legal team. “The orderly withdrawal of troops under the control of commanders after the lifting of martial law further underscores this."
During a parliamentary questioning session on Dec. 10, Lt. Gen. Kwak Jong-keun, head of the Special Warfare Command, said Yoon called him directly using his secret phone and ordered him to drag people out of the parliamentary chamber before a quorum could be reached.
Kim’s side also refuted claims about the deployment of troops during martial law, stating that only a minimal number of personnel were used.
"To minimize the risk of unforeseen situations and accidental clashes, the forces were composed primarily of senior officers with the smallest number of personnel possible,” said Kim’s representatives. “Live ammunition was not issued or carried by individuals to prevent bloodshed. The scale of the deployed forces was insufficient to completely control the National Assembly."
![Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/3df5fe12-49cd-4fed-9122-39c2bb0d5f8d.jpg)
Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26. [YONHAP]
A total of 1,500 troops, along with more than 100 military vehicles and 12 helicopters, were deployed to enforce Yoon’s declaration of martial law on Dec. 3, Ministry of National Defense data indicated on Dec. 19.
The troops carried firearms such as pistols, machine guns and sniper rifles, and although not individually issued, the contingent carried over 10,000 rounds of live ammunition, according to materials submitted by the Defense Ministry to DP Rep. Baek Seung-ah.
“Even this minimal force was divided between the National Assembly and the NEC, meaning only a minimal number of troops were actually deployed,” the legal team said. “This made it difficult to achieve even the initial purpose of martial law, which was to sound an alarm to the National Assembly."
![Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/7551b889-cd2c-429f-9808-8497345153c5.jpg)
Former Defense Minister Kim Yong-hyun's legal defense team speaks to the press at Corea Conference Center in Seocho District, southern Seoul on Dec. 26. [YONHAP]
Kim’s legal team said that Noh Sang-won, former commander of the Defense Intelligence Command, "has no connection whatsoever with the president." Noh is regarded as a key figure who led pre-martial law planning, including directives to seize control of the NEC headquarters during martial law.
"Although he is a junior alumnus of the Korea Military Academy and worked with Kim, Noh was not involved in any capacity with either the declaration of martial law or its execution."
"Noh, as the Defense Intelligence Command's former commander, is proficient in acquiring and handling foreign intelligence and managing overseas black operatives,” the legal team added. “He did provide advisory support to Kim.”
"In August, during the process of addressing the intelligence leak incident within the Defense Intelligence Command, advice was sought from Noh,” said the legal team. “Additionally, concerning allegations of foreign interference with the NEC’s server, he provided lawful counsel within the bounds of the law."
"Preparatory work for martial law is a standard responsibility of the Ministry of National Defense,” said the legal team. “Interpreting the process of martial law preparations as a conspiracy to rebel is a mischaracterization."
![Reporters try to enter the Corea Conference Center in Seocho District, southern Seoul on Dec. 26 to attend a press briefing by the legal defense team of the former head of Defense Intelligence Command Kim Yong-hyun. [YONHAP]](https://koreajoongangdaily.joins.com/data/photo/2024/12/26/224a1990-50d2-4017-b758-d61ab6e5e3b7.jpg)
Reporters try to enter the Corea Conference Center in Seocho District, southern Seoul on Dec. 26 to attend a press briefing by the legal defense team of the former head of Defense Intelligence Command Kim Yong-hyun. [YONHAP]
A commotion ensued outside the conference room because the legal team insisted on allowing only select media outlets to cover the press conference, prompting protests from reporters and the arrival of police.
On Dec. 24, the legal team notified members of a group chat on social media about the press conference, specifying that only reporters in the chat would be invited.
As of that day, approximately 70 newspaper, broadcast, and wire service journalists were part of the chat group. The legal team individually added journalists who requested access, but some were reportedly removed from the group partway through.
When the restrictions on media coverage became known, the Korea Broadcasting Journalist Association, the National Union of Media Workers and the Journalists Association of Korea issued a joint statement the previous day, demanding the withdrawal of the selective coverage policy.
They also called for a collective boycott of the press conference by all media outlets.
The event drew a large crowd of domestic and international reporters, as well as YouTubers. During a standoff between reporters and the organizers, a 112 emergency call was made, leading to police intervention. Some outlets, including MBC, KBS and JTBC, an affiliate of Korea JoongAng Daily, were ultimately denied entry.
BY KIM MIN-YOUNG [[email protected]]
with the Korea JoongAng Daily
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