Prosecutors have sought prison terms for former military officers accused of taking part in the Dec. 3 emergency martial law declaration, including drawing up plans to seize control of the National Election Commission at what has become known as the "burger meeting."
The special counsel team led by Cho Eun-suk asked the Seoul Central District Court on the 18th to sentence former Army 2nd Armored Brigade commander Koo Sam-hoi, a brigadier general, and former Ministry of National Defense innovation planning chief Bang Jung-hwan, also a brigadier general, to seven years in prison each. The request came at the final hearing on charges including engaging in critical duties during an insurrection, presided over by Judge Jung Soo-young of the 38-2 criminal division. Seven-year terms were also sought for Kim Jung-keun, former commander of the 3rd Airborne Brigade of the Special Warfare Command; Ahn Moo-sung, former commander of the 9th Airborne Brigade; Kim Sang-yong, former deputy chief of the defense ministry's investigation headquarters; and Kim Chang-hak, former head of the military police unit at the Capital Defense Command, all indicted on the same charges. Prosecutors sought five years each for Jang Sung-woo, former head of the first bureau at the Defense Counterintelligence Command, and Kim Se-woon, former commander of the Special Operations Aviation Group.
"It was the defendants who turned a superior's brief order into guns, helicopters and armed troops," the special counsel said. "Refusing an unlawful order is not insubordination." The team added that fear of strict punishment must outweigh the desire for the fruits of success, and that the principle governing illegal and improper orders must be firmly established as "you are held responsible if you do not refuse," rather than "you are exempt if you comply."
Koo and Bang were indicted on charges of plotting the martial law declaration with Noh Sang-won, former commander of the Defense Intelligence Command, at a Lotteria outlet in Ansan, Gyeonggi Province, on Dec. 3, 2024, the day martial law was declared. Investigators found that the two were assigned duties related to a "second investigation unit" that was to look into allegations of election fraud at the National Election Commission.
Kim Jung-keun and the other defendants were indicted on charges of taking part in the martial law operation by deploying troops to the National Assembly and the election commission, transporting troops to the National Assembly and organizing investigators.
