{"id":2208108,"date":"2025-01-27T18:04:08","date_gmt":"2025-01-27T09:04:08","guid":{"rendered":"https:\/\/koreapro.org\/?p=2208108"},"modified":"2025-01-28T17:18:57","modified_gmt":"2025-01-28T08:18:57","slug":"former-south-korean-defense-minister-walks-back-testimony-to-defend-president","status":"publish","type":"post","link":"https:\/\/koreapro.org\/2025\/01\/former-south-korean-defense-minister-walks-back-testimony-to-defend-president\/","title":{"rendered":"Former South Korean defense minister walks back testimony to defend president"},"content":{"rendered":"

President Yoon Suk-yeol\u2019s impeachment trial, centered on his role in December\u2019s martial law declaration, has revealed conflicting testimonies and procedural irregularities that could significantly impact the Constitutional Court\u2019s ruling.<\/span><\/p>\n

During the Constitutional Court\u2019s first in-person hearing last week, Yoon and former Defense Minister Kim Yong-hyun cross-examined each other for about six hours, offering contradictory accounts on key issues, including the martial law\u2019s implementation, troop deployment and plans for an emergency legislative body. In many cases, Kim backtracked his previous remarks in favor of Yoon\u2019s account.\u00a0<\/span><\/p>\n

Korea Pro<\/span><\/i> has highlighted some of the justices\u2019 key statements and remarks by Yoon and Kim that will likely have a lasting impact on the trial.<\/span><\/p>\n

\"\"

President Yoon Suk-yeol and then-defense minister Kim Yong-hyun at the 76th Armed Forces Day parade, Oct. 1, 2024 | Image: ROK Presidential Office<\/a><\/em><\/p><\/div>\n

PROCEDURAL LEGITIMACY UNDER SCRUTINY<\/b><\/p>\n

Justice Cheong Hyung-sik opened the hearing by questioning the procedural integrity of the martial law declaration. Cheong\u2019s focus was on whether Yoon had consulted with the necessary Cabinet members to meet the constitutional requirements for such a declaration.<\/span><\/p>\n

\u201cDid President Yoon discuss specific requirements of martial law, such as timing, affected regions or appointing a martial law commander, with the eleven cabinet members present?\u201d Cheong asked.<\/span><\/p>\n

Kim admitted that no such discussions occurred and conceded that some Cabinet members were not adequately briefed prior to the Cabinet meeting that preceded Yoon\u2019s Dec. 3 martial law declaration. This admission highlights potential violations of procedural norms, which could strengthen the prosecution\u2019s case against Yoon.<\/span><\/p>\n

Justice Lee Mi-son questioned whether the stated purposes for martial law, such as warning the opposition party or investigating election fraud, justified such extreme measures.<\/span><\/p>\n

When Kim deflected the question by remarking that the requirements for martial law are the president\u2019s prerogative, Lee pressed further, asking if such justifications aligned with constitutional principles. The bench appeared unconvinced, signaling concerns over the legality of Yoon\u2019s actions.<\/span><\/p>\n

\"\"

Military personnel from the 707th Special Mission Group at the National Assembly after martial law was declared, Dec. 3, 2024 | Image: Democratic Party lawmaker Park Sun-won’s office<\/em><\/p><\/div>\n

TROOP DEPLOYMENT CONTRADICTIONS<\/b><\/p>\n

The hearing also spotlighted conflicting testimonies about troop deployment to the National Assembly. Kim testified that he had initially suggested mobilizing between 10,000 and 30,000 troops, potentially scaling to 60,000, as part of martial law preparations. However, Kim testified that Yoon suggested only deploying 250 troops for \u201cwarning purposes\u201d when questioned by Yoon\u2019s legal defense team.<\/span><\/p>\n

Yoon suggested that only 20 special forces personnel had entered the assembly, asking Kim if he remembered this fact. But Kim contradicted this, testifying that 280 personnel were stationed throughout the building in response to Yoon\u2019s question. The absence of documentation to verify the numbers raised further doubts about the credibility of both accounts.<\/span><\/p>\n

Kim shifted his testimony further under questioning by Yoon\u2019s lawyers, as he claimed his order to \u201cremove agents\u201d (\uc694\uc6d0) from the National Assembly was misheard as an order to \u201cremove lawmakers\u201d (\uc758\uc6d0), suggesting that his order was misunderstood under the din of confusion as the two words could sound similar to each other.<\/span><\/p>\n

Progressive and conservative media outlets panned that explanation as implausible.<\/span><\/p>\n

Justice Cheong scrutinized the scale and intent of the deployment, asking: \u201cWhy did military forces need to enter the National Assembly building when only lawmakers and staff were present? And why were windows broken to gain entry?\u201d<\/span><\/p>\n

Cheong further questioned the defendants about the reported arrest list of prominent politicians, including main opposition Democratic Party leader Lee Jae-myung, then-ruling People Power Party leader Han Dong-hoon and National Assembly Speaker Woo Won-shik.<\/span><\/p>\n

Kim\u2019s claim that troops were deployed to \u201cmonitor opposition figures\u201d prompted additional questions about whether the actions were aimed at arrests rather than maintaining public order.\u00a0<\/span><\/p>\n

While Kim denied that there was any initial attempt to arrest political figures, the former defense minister admitted that the list was prepared under the premise that if those figures had violated the martial law decree, he would have eventually ordered the military to arrest them.<\/span><\/p>\n

\"\"

President Yoon Suk-yeol at the 76th Armed Forces Day speaking on the podium as the military flags wave at the parade, Oct. 1, 2024 | Image: ROK Presidential Office<\/a><\/em><\/p><\/div>\n

MARTIAL LAW\u2019S PURPOSE AND EXECUTION<\/b><\/p>\n

The justices examined whether the martial law decree was designed to suspend legislative functions and suppress opposition rather than ensure public safety.\u00a0<\/span><\/p>\n

Justice Kim Hyung-du highlighted a note that the defense minister gave to the finance minister, which, alongside Article 1 of the decree, appeared to outline intentions related to dissolving the National Assembly.<\/span><\/p>\n

Kim\u2019s response that the decree was a \u201cpublic service measure\u201d drew sharp criticism from the bench. Justice Lee questioned how martial law could be declared for \u201cpublic enlightenment\u201d and whether such reasoning aligned with constitutional norms. \u201cDoesn\u2019t this suggest a systematic effort to suspend parliamentary functions?\u201d Lee asked.<\/span><\/p>\n

Both Yoon and Kim attempted to minimize the severity of their actions. Yoon characterized the declaration as \u201cnot a failed martial law but one that ended earlier than expected.\u201d<\/span><\/p>\n

However, this narrative failed to reconcile with the evidence presented, including previous testimony from military commanders under investigation for their respective roles in the martial law declaration, who reported Yoon\u2019s order to \u201center the National Assembly even if they had to shoot their way in.\u201d<\/span><\/p>\n

\"\"

Citizens gather in front of Seoul’s National Assembly to demand for President Yoon Suk-yeol’s impeachment, Dec. 14, 2024 | Image: Korea Pro<\/em><\/p><\/div>\n

SHIFTING RESPONSIBILITIES<\/b><\/p>\n

The most significant revelation of the hearing was Yoon\u2019s inadvertent admission that he knew the martial law decree \u2014 issued shortly after his declaration \u2014 was potentially illegal or unconstitutional.\u00a0<\/span><\/p>\n

The decree <\/span>included<\/span><\/a> the banning of political activities of the legislature and activists, as well as mandating state control over the press and banning of labor union and doctor strikes.\u00a0<\/span><\/p>\n

During cross examination, Yoon asked Kim if he remembered handing him the draft of the martial law decree \u201ca day or two\u201d before the declaration.<\/span><\/p>\n

When Kim responded that he remembered the event, Yoon claimed that after reading Kim\u2019s draft decree, he told Kim that there were parts in the decree that required extensive legal review as they could \u201cviolate higher laws.\u201d Yoon added that he laughed it off, stating that regardless of the unlawful nature of some parts of the draft, they wouldn\u2019t be able to execute the decree anyway.<\/span><\/p>\n

\u201cRemember when I asked, laughing, why you included the doctors [doctors\u2019 strike] [into the decree], and you said it was for \u2018enlightenment purposes\u2019?\u201d Yoon asked Kim further at court.<\/span><\/p>\n

\u201cNow that you mention it, I do remember,\u201d Kim responded, also noting that Yoon had ordered him to remove a clause mandating curfews from the draft.<\/span><\/p>\n

Kim\u2019s testimony revealed a pattern of shifting responsibility to protect Yoon. Initially, Kim\u2019s statements to prosecutors implicated Yoon involvement in the martial law decree, with claims that the president had extensively reviewed martial law statutes in advance.<\/span><\/p>\n

However, during last week\u2019s hearing, Kim altered his account, stating, \u201cI noticed the president didn\u2019t review it [the decree] as meticulously as usual. Normally, he would consult legal texts first.\u201d<\/span><\/p>\n

Justice Cheong probed Kim on this reversal, pointing out inconsistencies in his explanation.<\/span><\/p>\n

However, Kim pressed on, claiming sole responsibility for drafting the note to the finance minister about establishing an emergency legislative body, despite earlier testimony directly implicating Yoon.<\/span><\/p>\n

Multiple justices noted the systematic pattern of Kim reversing his earlier testimonies.<\/span><\/p>\n

\"\"

Lawmakers’ aides and citizens try to stop martial law troops from entering the National Assembly building, Dec. 3, 2024 | Image: Democratic Party Leader Lee Jae-myung via Twitter<\/a><\/em><\/p><\/div>\n

IMPLICATIONS FOR TRIAL\u2019S FUTURE<\/b><\/p>\n

The hearing has exposed critical contradictions that could influence both the impeachment trial and potential criminal proceedings against Yoon. Prosecutors formally indicted the president on charges of leading an insurrection, emphasizing that martial law\u2019s implementation aimed to overthrow constitutional order.<\/span><\/p>\n

The Constitutional Court\u2019s decision to narrow the witness list and accelerate proceedings suggests an intent to resolve the case promptly. With justices questioning the legality of the martial law decree and the motivations behind troop deployment, the trial\u2019s outcome could have significant ramifications for South Korea\u2019s democratic institutions.<\/span><\/p>\n

However, there is a non-zero probability that Kim\u2019s latest testimonies, despite their reversal of his earlier ones, could provide Yoon\u2019s legal team the necessary grounds to claim limited accountability for the president.<\/span><\/p>\n

As the court continues its hearings through February, the conflicting testimonies and procedural flaws revealed in the trial will likely shape public opinion and set a precedent for future challenges to constitutional governance in South Korea.<\/span><\/p>\n

Edited by John Lee<\/span><\/i><\/p>\n

Defense & Security<\/span><\/a>Domestic Politics<\/span><\/a><\/div>","protected":false},"excerpt":{"rendered":"

President Yoon Suk-yeol\u2019s impeachment trial, centered on his role in December\u2019s martial law declaration, has revealed conflicting testimonies and procedural irregularities that could significantly impact the Constitutional Court\u2019s ruling. 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