Former Army Ground Operations Command Commander Kang Ho-pil leaves the Seoul Central District Court in Seocho-gu, Seoul, on the 13th, after undergoing a pre-arrest interrogation (warrant review) regarding "allegations of involvement in insurrection." [Yonhap News] 

Kang Ho-pil, the former commander of the Army Ground Operations Command (GOC) who was suspected of participating in the December 3rd martial law insurrection, has avoided arrest.

According to legal sources on the 14th, Lee Jong-rok, the chief judge in charge of martial law warrants at the Seoul Central District Court, dismissed the arrest warrant requested by the Second Comprehensive Special Prosecutor's Team led by Kwon Chang-young after holding a pre-arrest interrogation the previous day. The judge stated, "There is room for dispute regarding the criminal charges, and given the progress of the investigation, it is difficult to see a risk of destroying evidence or flight."

Former Commander Kang is accused of ordering the formation of an internal situation room at the Ground Operations Command and mobilizing the crisis response team and all headquarters staff following the declaration of the December 3rd martial law.

It was found that the GOC, under the command of Kang at the time, mobilized its crisis response team via a voice broadcast system at approximately 10:36 PM on December 3, 2024, shortly after former President Yoon Suk Yeol declared martial law.

The special prosecutor's team applied charges of "engaging in important duties of insurrection," arguing that Kang had participated in the martial law by transitioning the GOC into a "martial law response posture."

Kang is also suspected of having participated in related discussions even before the martial law was implemented.

Former Defense Security Command Commander Yeo In-hyung referred to the commanders of the Ground Operations Command, Special Warfare Command, Capital Defense Command, and Defense Security Command collectively as "J-T-S-B" (an abbreviation in Korean) and wrote memos stating, "This is the common opinion of J-T-S-B," "The four of us are prepared," and "Enemy action comes first. It must reach a situation where control by the military or police is impossible during wartime."

Except for Kang, the other three commanders—former Special Warfare Commander Kwak Jong-keun, former Capital Defense Commander Lee Jin-woo, and former Defense Security Commander Yeo In-hyung—are all already on trial on charges of engaging in important duties of insurrection.

Previously, the Cho Eun-seok special prosecutor's team, which investigated the emergency martial law, excluded Kang from prosecution after concluding there was no evidence that the GOC had actually deployed troops or carried out specific missions.

During the investigation by the special prosecutor's team, former Commander Yeo testified that "former Commander Kang even brought his resignation letter last summer to oppose martial law."

It is reported that Kang denied all the allegations raised during the warrant hearing that day, maintaining that he was not aware of the emergency martial law in advance and had no involvement in its execution.

After reviewing the arguments from both sides, the court sided with Kang’s camp by dismissing the warrant.

The special prosecutor's team, which has already extended its investigation period twice, has requested that the National Assembly amend the law to allow for a "third extension" before its current term ends on the 24th.

However, with the court once again dismissing a warrant requested at the final stage of the investigation, skepticism regarding the necessity of a further extension is expected to gain traction.

Since launching the investigation in February, the Comprehensive Special Prosecutor's Team has requested arrest warrants for 15 individuals over the past four months, but only 6 have been granted.