Special prosecutor seeks arrest of ex-Joint Chiefs chairman Kim Myung-soo over Dec. 3 martial law insurrection role

The Second Comprehensive Special Prosecutor's Office, led by Special Prosecutor Kwon Chang-young, said Monday it had filed for an arrest warrant for former Joint Chiefs of Staff Chairman Kim Myung-soo on charges of playing a key role in insurrection in connection with the Dec. 3 emergency martial law declaration.

Kim is accused of being present in the Joint Chiefs' command and control center when military troops were deployed to the National Assembly and other locations during the martial law declaration, and of failing to stop the deployment while remaining involved in the martial law operation.

The special prosecutor's team also views Kim's issuance of fragmentary orders to the Army Special Warfare Command and the Capital Defense Command — directing them to "prioritize martial law duties" — as evidence of his involvement in the emergency martial law. A fragmentary order is a brief operational directive used to convey changes to a unit's mission or tactical situation.

After then-President Yoon Suk Yeol declared emergency martial law, former Army Chief of Staff Park An-su was appointed martial law commander and a martial law command was organized around Army headquarters. Troops from the Special Warfare Command and the Capital Defense Command were deployed to the National Assembly and the National Election Commission.

The separate insurrection special prosecutor's team, led by Special Prosecutor Jo Eun-seok, had earlier concluded it was difficult to hold Kim responsible on the grounds that operational command authority had transferred from the Joint Chiefs chairman to the martial law commander upon the declaration. The comprehensive special prosecutor's team, however, has taken the position that operational command could remain with the Joint Chiefs chairman even after the declaration, and has continued its investigation on that basis.

Kim has consistently denied the charges. Appearing before the special prosecutor's office on May 27, he shrugged off the allegations, saying, "I believe the Joint Chiefs' staff and the personnel of subordinate units faithfully followed my security control guidelines aimed at preventing a security vacuum against North Korea and avoiding accidental clashes."

The special prosecutor's team also filed for arrest warrants Monday on the same charges against former Joint Chiefs Vice Chairman Jeong Jin-pal, former Army headquarters policy chief Kim Heung-jun and former Joint Chiefs readiness inspection vice chief Lee Jae-sik.

Warrant review hearings for all four are scheduled to be held at the Seoul Central District Court.