South Korea’s special prosecution unit investigating the Dec. 3 martial law declaration arrested former Defense Minister Kim Yong-hyun in an emergency operation at 1 a.m. on Dec. 8, five days after President Yoon Suk-yeol declared martial law.
Kim was detained and questioned as a suspect on charges of insurrection and abuse of power. Prosecutors said Kim voluntarily appeared for questioning after unexpectedly informing the investigation team of his intention to cooperate.
The special unit is examining whether Kim advised President Yoon to declare martial law, spearheaded the plan’s formulation, or neglected to assess its constitutional and legal ramifications. Based on their findings, prosecutors determined that his immediate arrest was warranted.
A key focus of the investigation is whether Kim ordered the deployment of martial law troops to obstruct the National Assembly’s functions. Under South Korea’s Criminal Act, insurrection charges apply when violent actions are taken to disrupt the operations of constitutional institutions, such as the legislature.
Central to the probe is the deployment of over 280 soldiers into the main National Assembly building and the blockade of surrounding areas by 32 police units. Prosecutors are investigating whether these actions were intended to incapacitate the legislative body.
In addition to insurrection charges, Kim is accused of abusing his authority to compel others to perform unlawful acts or impede their rights. Gen. Park An-soo, Army Chief of Staff and martial law commander at the time, testified at a Dec. 5 parliamentary hearing that he was unaware of plans to deploy troops to the National Assembly, claiming the orders came directly from Kim. Meanwhile, Lt. Gen. Kwak Jong-geun, head of the Army Special Warfare Command, said Kim had instructed lawmakers to be forcibly removed from the assembly floor—a directive Kwak refused to carry out, citing its illegality.
Under South Korean law, authorities must decide within 48 hours of an emergency arrest whether to seek a formal arrest warrant. After questioning Kim, prosecutors transferred him to Seoul Eastern Detention Center.
Prosecutors also seized Kim’s cellphone, but it turned out to be a new device acquired after the martial law declaration. Investigators had hoped to uncover evidence linking Kim to troop deployment orders or other key details, but the lack of data on the new phone has shifted the focus to locating his previous device.
Adding to the intrigue, Kim was reported to have deleted and rejoined the messaging app Telegram on Dec. 7, raising questions about potential efforts to erase communications relevant to the investigation.
