Ex-Joint Chiefs chairman indicted without detention over insurrection allegations; 3 aides indicted in custody

The second comprehensive special prosecutor team led by Kwon Chang-young, which is investigating allegations left unresolved after three previous special counsel probes, has indicted former Chairman of the Joint Chiefs of Staff Kim Myung-soo on insurrection-related charges.

The special prosecutor team indicted Kim without detention Wednesday on charges of participating in a key role in insurrection and failing to prevent crimes by subordinates, according to Yonhap News Agency. The team also indicted three aides who remain in custody — former Joint Chiefs readiness inspection chief Lee Jae-sik, former Vice Chairman of the Joint Chiefs Jeong Jin-pal and former Army headquarters policy chief Kim Heung-jun — on charges of participating in a key role in insurrection.

Kim and the others are accused of watching from the Joint Chiefs command and control center as troops were deployed to the National Assembly and other locations following the declaration of emergency martial law on Dec. 3, 2024, failing to stop the deployment and helping constitute the martial law command. The special prosecutor team believes Kim, who held operational command authority, was aware of the illegality of both the martial law declaration and the military deployment to the National Assembly yet took no appropriate action.

The team has also secured testimony indicating that Kim received multiple reports from aides during the martial law period warning that the declaration procedure was problematic and that troops deployed to the National Assembly should be withdrawn. He was also given legal advice stating that operational command authority remained with the Joint Chiefs even after martial law was declared.

The team further determined that Kim's issuance of a fragmentary order directing the Special Warfare Command and the Capital Defense Command to "prioritize martial law duties" constituted additional evidence of his participation in the insurrection. The indictments of former Vice Chairman Jeong, former policy chief Kim and former inspection chief Lee also include allegations that they prepared for a second imposition of martial law.

Kim's legal team has denied all charges, arguing that the Defense Ministry directly commanded and controlled martial law forces from the moment martial law was declared, and that Kim was excluded from the decision-making process and was in no position to exercise command authority.