Kim Tae-hyo, who justified martial law to US, arrested on insurrection charges

Kim Tae-hyo, former first deputy director of the presidential National Security Office, has been arrested on suspicion of directing efforts to justify the Dec. 3 emergency martial law declaration to the United States and other key allied nations immediately after it was announced.

Seoul Central District Court Judge Bu Dong-sik, who handles insurrection-related warrant cases, issued an arrest warrant for Kim on Friday after conducting a pre-arrest hearing, citing a risk of evidence destruction, according to legal sources Saturday.

The second special prosecutor team, led by Kwon Chang-young, had applied for the warrant on Tuesday, seeking charges of playing a key role in insurrection and obstruction of rights through abuse of authority. Kim appeared for the hearing Friday morning but declined to answer reporters' questions about whether former President Yoon Suk Yeol had issued him any directives.

Kim is accused of directing officials from the Ministry of Foreign Affairs and the National Security Office to explain the background and justification for the martial law declaration to the United States and other allied nations immediately after it was proclaimed on Dec. 3, 2024.

The messages conveyed at the time reportedly described the emergency martial law as "a measure to defend liberal democracy" and "a political demonstration carried out within the bounds of the Constitution." They also reportedly characterized the opposition party's legislative activities as "legislative dictatorship" and argued that martial law had been unavoidable to root out anti-state forces.

The special prosecutor is examining whether Yoon ordered then-National Security Office director Shin Won-sik and Kim to explain the rationale for the martial law declaration to foreign governments immediately after it was proclaimed. If Kim mobilized diplomatic and security organizations on the president's orders, prosecutors believe he could be considered to have played a key role in carrying out the martial law.

The investigation stems from allegations raised by Unification Minister Jeong Dong-young in January last year. Jeong said Kim contacted then-US Ambassador to South Korea Philip Goldberg shortly after martial law was lifted and told him martial law had been unavoidable "to root out anti-state forces that had destroyed the judicial and administrative systems through legislative dictatorship."

Kim has acknowledged speaking with Ambassador Goldberg roughly an hour after the martial law declaration but maintained that he did not try to persuade or justify the measure. He has said he told the ambassador to "watch the situation together" before ending the call.

The special prosecutor raided Kim's home and his university research office in April, seizing relevant documents and communications records. Investigators are also examining whether briefing materials on the martial law declaration prepared by the National Security Office were passed through the Ministry of Foreign Affairs and the National Intelligence Service to foreign intelligence agencies.

In connection with allegations that the National Intelligence Service briefed the US Central Intelligence Agency on the legitimacy of the martial law, prosecutors are examining whether former NIS Director Jo Tae-yong and former NIS first deputy director Hong Jang-won issued or received related instructions. With Kim now in custody, the special prosecutor is expected to press hard on the chain of command between Yoon and the diplomatic and security officials who served under him at the time.

Kim was a central figure in foreign policy and security under the Yoon administration, overseeing the South Korea-US alliance, trilateral South Korea-US-Japan security cooperation, and North Korea policy. After joining Yoon's presidential campaign, he was appointed first deputy director of the National Security Office in May 2022 and handled major summit diplomacy and security affairs from the outset of the administration.

His appointment drew controversy from the start. Kim had served as a senior secretary and planning official for external strategy at Cheong Wa Dae under the Lee Myung-bak administration before resigning in 2012, and was already on trial at the time of his appointment on charges of removing classified military documents. The case involved 41 documents — including materials on North Korean activities and security matters prepared by the Joint Chiefs of Staff, the National Intelligence Service, and the Defense Security Command — that he was accused of taking outside the presidential office. Lower courts found him guilty of violating the Military Secrets Protection Act.

Yoon appointed Kim before the Supreme Court had issued its ruling in the case. The Seoul Central District Prosecutor's Office that indicted Kim was headed by Yoon at the time.

In October 2022, after the Yoon administration took office, the Supreme Court upheld a lower court ruling suspending the imposition of a 3 million won ($1,990) fine, effectively confirming the guilty verdict on the classified document charges. Despite the final conviction, the presidential office described it as "a light ruling of a suspended fine" and took no personnel action.

The opposition party at the time argued it was inappropriate for someone with a confirmed conviction for leaking classified military information to continue overseeing national security affairs and called for his dismissal. The presidential office said it would keep Kim in his post, citing the need to consider the full circumstances of the case alongside his job performance.

Kim went on to remain at the forefront of the Yoon administration's foreign and security policy, leading efforts to improve South Korea-Japan relations, convene trilateral summits, strengthen extended deterrence, and pursue a hard-line policy toward North Korea.

Meanwhile, the special prosecutor's first investigative phase runs through July 24. A bill to extend the investigation by 30 days has been submitted to the National Assembly, and if passed, the probe could continue through the end of next month.