Former Joint Chiefs of Staff (JCS) Chairman Kim Myung-soo [Yonhap News file photo]

The Second Special Prosecutor's Team, led by Kwon Chang-young, which has been investigating remaining allegations following the three previous special counsel probes, has indicted former JCS Chairman Kim Myung-soo for his alleged involvement in an insurrection.

The special prosecutor's team announced on the 2nd that they had indicted former Chairman Kim without detention on charges of participating in critical duties of an insurrection and failing to prevent crimes committed by subordinates.

Lee Jae-sik, former JCS Chief of Military Readiness Inspection; Jung Jin-pal, former JCS Vice Chairman; and Kim Heung-jun, former Policy Chief of the Army Headquarters, who are currently under arrest, were also indicted on charges of participating in critical duties of an insurrection.

Former Chairman Kim and the others are accused of participating in an insurrection by failing to stop troops from being deployed to the National Assembly while monitoring the situation from the JCS command and control room during the declaration of martial law on December 3, 2024, and by participating in the formation of the Martial Law Command.

The special prosecutor's team suspects that former Chairman Kim, who held military operational command, failed to take appropriate measures despite being aware of the illegality of the martial law declaration and the deployment of troops to the National Assembly.

The investigation team also secured statements indicating that former Chairman Kim received multiple reports from staff during martial law suggesting that "there were issues with the martial law declaration procedure" and that "troops deployed to the National Assembly should be withdrawn," and that he received legal advice stating, "Even if martial law is declared, the military command remains with the JCS."

The special prosecutor's team determined that former Chairman Kim's issuance of fragmentary orders to the Special Warfare Command and the Capital Defense Command to "prioritize martial law affairs" was evidence of his participation in the insurrection.

The indictment against former Vice Chairman Jung, former Policy Chief Kim, and former Inspection Chief Lee, all of whom were involved in organizing the Martial Law Command, also includes charges of preparing for a second martial law declaration, such as by inspecting available troops even after the motion to lift martial law was passed by the National Assembly.

The plaque for the Special Counsel office, tasked with uncovering the truth behind insurrection, treason, and state affairs manipulation by Yoon Suk-yeol and Kim Keon-hee, hangs in front of the office in Gwacheon on the 25th, the day of the ceremony. [Yonhap News]

About two weeks after its launch, the special prosecutor's team booked former Chairman Kim and others in March as its "No. 1 case," investigating them on charges including participation in critical duties of an insurrection.

On the 9th of last month, the team requested arrest warrants for the four individuals, including former Chairman Kim, citing charges such as participation in critical duties of an insurrection.

The court issued warrants for the three individuals but rejected the warrant for former Chairman Kim—whom the prosecution identified as the "pinnacle" of the allegations—stating that "there is room for legal dispute regarding the primary criminal charges, necessitating the guarantee of the right to defense, and there is no risk of flight or destruction of evidence."

Subsequently, the special prosecutor's team summoned former Chairman Kim again to bolster the charges and indicted him without detention, opting not to request a second arrest warrant.

Former Chairman Kim's side has consistently denied all charges, claiming that upon the declaration of martial law, the Minister of National Defense directly commanded and controlled the martial law troops, and that the Chairman was excluded from the decision-making process and in a position where he could not exercise command over the troops.

As the court previously determined during the warrant hearing that there was room for dispute regarding the primary charges, intense legal battles are expected in the upcoming trial.

Meanwhile, the special prosecutor's team decided not to indict three other individuals booked on similar charges: former JCS Operations Director Lee Seung-o, former Military Support Director Kang Dong-gil, and former Operations Department Head Ahn Chang-myung.

It is understood that they were cleared of charges because the team determined it would be difficult to hold them accountable, given that they had advised former Chairman Kim that there were procedural and legal issues with the declaration of martial law and the deployment of troops to the National Assembly.