Kim Tae-hyo, former first deputy director of the National Security Office, has been indicted while in custody for allegedly justifying the declaration of martial law to allied nations, including the United States, shortly after it was announced on December 3, 2024. The special prosecutors plan to charge former President Yoon Suk Yeol and former National Security Office chief Shin Won-sik at a later date.
The second special prosecutor team, led by Kwon Chang-young, announced on July 29 that Kim has been indicted on charges of insurrection-related duties and abuse of power. The investigation is being overseen by special prosecutor Kwon Young-bin.
Kim is accused of explaining the background and legitimacy of the martial law declaration to key allied nations through officials from the National Security Office and the Ministry of Foreign Affairs, following orders from former President Yoon.
The messages conveyed reportedly included claims that the emergency martial law was a measure to protect liberal democracy. It is also said that the messages explained that the government was responding to attempts by the National Assembly to paralyze the executive branch through impeachment and budget cuts, which were seen as efforts to fundamentally undermine constitutional order.
Additionally, the messages indicated that former President Yoon maintained a stance against pro-North Korean leftists and anti-Americanism. These messages were reportedly sent to key figures in allied nations, including the transition team of then-President-elect Donald Trump.
The special prosecutors believe that after the declaration of martial law, former President Yoon instructed Shin and Kim to explain the background and significance of the martial law to allied nations. Yoon reportedly stated during a special prosecutor's investigation last month that he had Kim communicate the situation to the U.S. because of Kim's proficiency in English.
The special prosecutors have determined that Kim directed officials from the National Security Office and the Ministry of Foreign Affairs in the process of delivering these messages. They view the justification of martial law as outside the legitimate duties of these officials, leading to the abuse of power charges.
Kim has also faced allegations of directly explaining the legitimacy of the martial law to then-U.S. Ambassador to South Korea, Mark Goldberg. Unification Minister Jeong Dong-young claimed last January that Kim explained to Ambassador Goldberg that the martial law was unavoidable to eradicate anti-state forces shortly after it was lifted.
While Kim acknowledged that he spoke with Ambassador Goldberg, he maintains that he did not justify the martial law. He has stated that he received a call from Goldberg about an hour after the declaration, responding with a message to "let's watch the situation together" before ending the call.
The special prosecutors began a forced investigation in April, conducting searches of Kim's home and university office. They subsequently requested an arrest warrant on July 7, which was granted by a judge on July 10, citing concerns about potential evidence destruction.
After being detained, Kim filed a request for a review of his detention, but it was denied on July 16. With the expiration of his detention period approaching on July 30, the special prosecutors have now indicted him.
The special prosecutors have separated the cases of former President Yoon and Shin, who have been investigated alongside Kim. They plan to complete their investigations into the two before proceeding with charges. It is reported that Shin's involvement in the message delivery process was deemed less significant than Kim's, leading to the decision not to request an arrest warrant for him.
* This article has been translated by AI.
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