South Korea's Defense Minister Kim Yong Hyun has been formally arrested Adrian Wyld/APFormer South Korean Defense Minister Arrested Amid Martial Law Controversy
Seoul, AP — Former South Korean Defense Minister Kim Yong Hyun was formally arrested on Wednesday over allegations of collusion with President Yoon Suk Yeol and others in imposing martial law last week. Authorities are investigating whether their actions constitute rebellion.
The martial law, South Korea's first in over 40 years, lasted only six hours but ignited a political firestorm, sparking mass protests and criminal probes. President Yoon and his associates are under scrutiny, facing impeachment attempts and travel bans. Notably, Yoon is the first sitting president in South Korea to receive such a restriction, alongside eight other suspects in the case.
The Seoul Central District Court issued an arrest warrant for Kim on charges of rebellion and abuse of power. A conviction for rebellion could lead to a maximum sentence of death.
Kim, detained since Sunday, allegedly advised Yoon to declare martial law and ordered troops to block lawmakers from voting on the decree in the National Assembly. Despite these efforts, enough lawmakers convened to unanimously reject the declaration, leading to its revocation before dawn on December 4.
In a statement on Tuesday, Kim expressed remorse: “I deeply apologize for causing significant anxiety and inconvenience.” He took full responsibility for the martial law decision and pleaded for leniency for the soldiers involved, stating they were simply following his orders.
Prosecutors have 20 days to decide whether to indict Kim as the investigation into this unprecedented case continues.
Prosecutors have reportedly accused former Defense Minister Kim Yong Hyun of playing a pivotal role in an alleged rebellion and abusing his power by orchestrating a riot to undermine the constitution. The accusations claim he acted in collaboration with President Yoon Suk Yeol and other military and police officials. Prosecutors’ offices in Seoul have not yet confirmed these reports.
On Tuesday, the opposition-controlled parliament approved a bill to appoint an independent special counsel to investigate Yoon and top military officials involved in the imposition of martial law. The main opposition Democratic Party championed the bill, arguing that public prosecutors cannot be trusted to impartially investigate Yoon, who previously served as prosecutor-general.
The opposition has called for a special counsel investigation, arguing that public prosecutors cannot be trusted to conduct a thorough inquiry into President Yoon Suk Yeol, a former prosecutor-general, over the martial law imposition.
During a parliamentary hearing on Tuesday, Kwak Jong-keun, commander of the Army Special Warfare Command, testified that he received direct instructions from former Defense Minister Kim Yong Hyun to block lawmakers from entering the National Assembly’s main chamber. Kwak stated that Kim’s aim was to prevent the 300-member parliament from gathering the 150 votes needed to overturn Yoon’s martial law order.
Kwak also revealed that Yoon later contacted him personally, instructing him to "quickly destroy the door and drag out the lawmakers inside." However, Kwak said that after discussing the matter with the on-site commander, they concluded that nothing could be done and dismissed the idea of threatening lawmakers with blank shots or cutting off the electricity.
In the same hearing, Kim Dae-woo, a senior officer from the military’s counterintelligence agency, testified that his commander, Yeo In-hyung, asked him if an army bunker in Seoul could be used to detain politicians and other figures following the martial law declaration. Yeo is known to be a close associate of Kim Yong Hyun. Additionally, Hong Jang-won, a deputy director of South Korea’s spy agency, claimed that Yoon ordered him to assist Yeo in detaining political rivals, but he refused to comply with the president’s directive.
Kwak and Yeo are among those facing rebellion charges raised by the opposition, along with Yoon and Kim, and both were suspended by the Defense Ministry last week.
Opposition parties and many experts argue that the martial law decree was unconstitutional. The law permits a president to declare martial law only during wartime, war-like conditions, or other national emergencies, none of which applied to South Korea at the time. They contend that using the military to seal the National Assembly and suspend its activities amounted to rebellion, as the South Korean Constitution does not allow a president to use the military to dissolve parliament under any circumstances.
In his martial law announcement, Yoon emphasized the need to rebuild the country by eliminating “shameless North Korea followers and anti-state forces,” a reference to his liberal rivals controlling parliament.
Yoon avoided impeachment on Saturday when most governing party lawmakers boycotted a National Assembly vote. The Democratic Party has vowed to push for a new impeachment vote on Saturday and has also filed motions to impeach Yoon's police chief and justice minister. The party attempted to impeach Kim Yong Hyun and the safety minister, but both resigned before parliament could vote.
If Yoon is impeached, his presidential powers would be suspended until the Constitutional Court decides whether to restore or remove him from office. If the court opts for removal, a new presidential election would be triggered.
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