Ex-Commander Kang Ho-pil's Insurrection Trial Sparks Procedural Debate

The legal team representing former Ground Operations Commander Kang Ho-pil, who was indicted on insurrection charges related to the December 3 emergency martial law, engaged in a debate with the 2nd Comprehensive Special Prosecutor Team led by Kwon Chang-young over the legality of his indictment during the first trial.

During the first preparatory hearing for the charge of playing an important role in an insurrection held on October 8 by Criminal Settlement Division 37-1 of the Seoul Central District Court (Presiding Judges Chang Sung-hoon, Oh Chang-seop, and Ryu Chang-sung), Kang's defense counsel argued that there is a possibility the case could be dismissed.

The defense argued that the comprehensive special prosecutor team must prove it consulted with the preceding special prosecutor team on insurrection led by Cho Eun-seok during the process of indicting Kang.

They asserted that since the comprehensive special prosecutor team overturned the decision of the insurrection special prosecutor team—which had excluded Kang from the targets of indictment—it is necessary to verify whether the provision in the Comprehensive Special Prosecutor Act requiring consultation between the two sides in such cases was observed.

The Comprehensive Special Prosecutor Act stipulates that regarding investigations and indictments, matters that could overturn decisions by the three special prosecutor teams or affect the maintenance of prosecution must be consulted upon with the existing special prosecutor team.

Kang's defense counsel also pointed out that at the time of the emergency martial law, not only the Ground Operations Command but also the 2nd Operational Command formed a subordinate martial law command branch, yet the comprehensive special prosecutor team did not indict anyone regarding the 2nd Operational Command.

They stated that if the special prosecutor team cannot provide a reasonable explanation, the indictment should be dismissed.

In response, the special prosecutor team refuted, saying, "The claim that there is a problem with the validity of the indictment is excessive."

The special prosecutor team argued that even if there is room to interpret that the comprehensive special prosecutor team made a different decision from the insurrection special prosecutor team regarding Kang's indictment, this cannot be viewed as an "overturned decision" as stipulated in the Special Prosecutor Act.

Furthermore, they explained, "The facts related to the 2nd Operational Command differ from those of the Ground Operations Command, so we selectively indicted him," adding, "We have the data, so we will naturally provide it if the defendant side requests it."

The court decided to hold one more preparatory hearing on November 2.

Kang was indicted without detention last August on charges of ordering the formation of an internal situation room at the Ground Operations Command and summoning a crisis action team and all command staff following the declaration of emergency martial law on December 3, 2024.

Previously, the insurrection special prosecutor team, which investigated the emergency martial law, excluded Kang from the indictment targets, concluding that there were no circumstances showing the Ground Operations Command actually deployed troops or carried out specific missions.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.