Former Korea Coast Guard (KCG) Commissioner Kim Jong-wook, suspected of attempting to involve the KCG in the imposition of martial law, arrives at the Seoul Central District Court in Seocho-gu, Seoul, on the 3rd for his pre-arrest interrogation (warrant validity hearing). [Yonhap News] 

The former Korea Coast Guard (KCG) Commissioner and a senior official, both suspected of participating in an insurrection during the emergency martial law period, have avoided detention.

Judge Lee Jong-rok of the Seoul Central District Court, presiding over the warrant hearing for insurrection charges, denied the arrest warrants for former KCG Commissioner Kim Jong-wook and former Planning and Coordination Officer Ahn Seong-sik on the 3rd following their pre-arrest interrogations.

The court explained its decision, stating, "There is room for legal dispute regarding the criminal allegations, and in light of the progress of the investigation, it is difficult to conclude that there is a risk of evidence destruction or flight."

Ahn, a high school alumnus of former President Yoon Suk Yeol (Choong-am High School), is accused of changing internal regulations since 2023 to ensure the KCG would be automatically incorporated into the Martial Law Joint Investigation Headquarters through coordination with the Defense Counterintelligence Command.

He was reportedly found to have advocated for reviewing the carriage of firearms for the protection of local coast guard stations and increasing the number of personnel dispatched to the Joint Investigation Headquarters during a video conference of regional commanders convened after the martial law declaration.

There were also testimonies that after the meeting, Ahn ordered subordinates to "clear out and prepare the detention cells, as many martial law offenders are expected to be brought in."

The Kwon Chang-young Comprehensive Special Prosecutor’s Team viewed these actions as equivalent to participating in or aiding an insurrection, and requested arrest warrants for Ahn on charges of abetting insurrection and abuse of power.

Former Commissioner Kim is accused of tacitly approving Ahn’s request to increase dispatched personnel as the head of the KCG and ordering the dispatch of a liaison officer to the martial law command’s public safety office.

In the early hours of the day after the martial law declaration, around 1:50 AM, the KCG received a request from the Joint Chiefs of Staff and dispatched one inspector-level officer to the martial law command's public safety office as a government liaison.

At that time, 50 minutes had already passed since the National Assembly passed the resolution to lift the emergency martial law.

Upon being notified that the situation had been resolved, the KCG terminated the dispatch, and it was determined that the officer returned before reaching the martial law command.

The special prosecutor’s team also secured testimony that Kim disregarded the objections of a subordinate regarding the dispatch, ordering, "Send at least one person."

Special Prosecutor Kwon Young-bin said while attending the warrant hearing that day, "It has been confirmed that the KCG actively participated by collecting various information even without receiving specific directives."

Former KCG Planning and Coordination Officer Ahn Seong-sik, who was dismissed due to allegations of attempting to systematically involve the KCG in the martial law effort, arrives at the second comprehensive special prosecutor's office in Gwacheon, Gyeonggi Province, on the 1st for questioning as a suspect on charges of abetting insurrection. [Yonhap News] 

However, with only three weeks remaining until the end of the investigation period, the failure to secure the suspects Kim and Ahn has led to observations that the investigation faces inevitable setbacks.

Some point out that the Comprehensive Special Prosecutor's Team excessively re-investigated cases that had already been closed by the original insurrection special prosecutor's team without indictment.

The previous insurrection special prosecutor's team, which investigated the allegations related to Ahn, closed the case without indictment after conducting searches, seizures, and summons, concluding that the charges were not substantiated.

The subsequently launched Comprehensive Special Prosecutor's Team claimed to have "reopened the case closed by the previous team and confirmed the charges through supplementary investigation," proceeding with fresh search and seizure operations and expanding the scope of the investigation to include former Commissioner Kim.

Meanwhile, the Comprehensive Special Prosecutor's Team has requested the National Assembly to amend the Special Prosecutor Act to allow for a 30-day extension of the investigation period.

Having commenced its investigation on February 25, the team has already extended its duration twice and is currently facing a scheduled conclusion on the 24th.