Former Generals Receive Heavy Prison Terms Over Martial Law Role

A Seoul court on Monday handed down lengthy prison sentences to five former senior military commanders accused of carrying out key tasks during the December 3 martial law operation, ruling that they abandoned the military’s duty of political neutrality and used armed forces for political ends.

The Seoul Central District Court sentenced former Defense Counterintelligence Commander Yeo In-hyung to 18 years in prison and former Capital Defense Commander Lee Jin-woo to 15 years. Former Defense Intelligence Commander Moon Sang-ho received a 12-year term, while former Army Chief of Staff Park An-su was sentenced to 10 years and former Special Warfare Commander Kwak Jong-keun to nine years.

The defendants were convicted at the first-trial level on charges that included performing essential duties in an insurrection. The ruling can be appealed. The court also revoked bail previously granted to Lee, Park and Kwak and ordered them detained again. Yeo and Moon were already in custody in connection with separate cases.

In explaining the sentences, the court said disabling constitutional institutions could not be tolerated under any circumstances. It described insurrection as an offense capable of endangering the existence of the state and directly damaging the country’s basic constitutional order.

The judges said the defendants held command authority over major Army and intelligence units but disregarded the armed forces’ mission, legal obligations and political neutrality. The court found that military power had been deployed in support of the political interests of a particular group.

Prosecutors accused Yeo of helping plan martial law with former President Yoon Suk Yeol, directing efforts to seize election commission servers and ordering the detention of prominent political figures. Lee was accused of preparing plans to enter and seal off the National Assembly and deploying troops in an attempt to neutralize the legislature’s functions.

Park, who served as martial law commander, was charged over the issuance of the first martial law decree and orders to control the National Assembly and deploy forces. Kwak was accused of sending special warfare troops to the legislature and the National Election Commission, while Moon was charged with preparing intelligence personnel in advance and deploying them to occupy and close the election commission’s server room.

The special counsel team had sought harsher penalties, requesting 30-year terms for Yeo and Lee, 25 years for Park, and 20 years each for Kwak and Moon. Monday’s judgment marks a major first-instance ruling in the continuing legal reckoning over the martial law episode and the military chain of command involved.