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Special Prosecutor Finds Former President Yoon’s Martial Law Decree Constitutes Insurrection

Seoul: The special prosecutor team led by Cho Eun-seok has announced the results of its investigation into former President Yoon Suk Yeol's declaration of martial law on Dec. 3, concluding that the move constituted crimes of insurrection and foreign collusion. In a briefing, Cho stated that Yoon declared martial law "with the aim of monopolizing and maintaining power by using force to seize control of the legislative and judicial branches." The team dismissed the claims by Yoon's camp that the decree was meant as a "wake-up call" to the public, instead characterizing the episode as a "palace coup."

According to Yonhap News Agency, the findings include several notable elements. Investigators revealed that Yoon began preparing for martial law as early as October 2023, during senior military personnel appointments, well before last April's 22nd general election. The team also presented evidence that Yoon sought to exploit a period of political uncertainty between the U.S. presidential election and Washington's inauguration of a new administration.

Particularly shocking was the allegation that military intelligence officers prepared baseball bats, awls, and hammers to violently coerce staff members of the National Election Commission to fabricate evidence of election fraud ahead of the general election. Additionally, the special prosecutor suggested that the declaration of martial law may have been motivated in part by an attempt to mitigate what it described as "spouse-related risks." However, the team clarified that no direct link had been confirmed between the martial law decree and former first lady Kim Keon Hee.

The investigation, which began in mid-June and lasted 180 days after two extensions, involved 238 personnel. Seven suspects were taken into custody, and 27 individuals were indicted, with three prosecuted by military authorities. For the first time in Korea's history, court proceedings were broadcast live. Of the 249 cases transferred from the special task force on martial law under the National Police Agency, 34 were returned. Park Ji-young, a deputy special prosecutor, mentioned that the cases sent back accounted for "a very small number," and that most offenses within the special prosecutor's jurisdiction had been fully investigated.

Despite these findings, Jung Chung-rae, the leader of the Democratic Party, argued that the motives behind the alleged insurrection and suspicions of foreign collusion had not been sufficiently clarified. He announced plans to pursue a second comprehensive special investigation. However, another probe risks the Democratic Party appearing to go too far, potentially inviting suspicion that the ruling party intends to politically exploit the insurrection in next year's local elections. Concerns over fairness have also grown after Jung stated that allegations involving the Unification Church would not be included in any second probe, raising concerns of selective justice.

Now, the judiciary's turn has come. A first-instance ruling scheduled for January in the case of former Prime Minister Han Duck-soo, charged as a key participant, will serve as the first judicial test of whether the martial law declaration constitutes insurrection under criminal law. Park emphasized that the full truth will ultimately be determined by court rulings, and politics should step back to allow the judiciary to decide, guided by law and conscience.

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