Hwang Kyo-ahn, representative of the Freedom and Innovation party, who was indicted on charges of posting messages in support of martial law on social media during the December 3 emergency martial law declaration, denied the charges, stating, "The prosecution's claims are groundless," during his first trial held by the Seoul Central District Court's Criminal Agreement Division 35 (Presiding Judge Baek Dae-hyun) on charges of inciting insurrection and obstruction of special official duties.
The trial began today, approximately seven months after his indictment, following Hwang's motion to recuse the judge and his subsequent appeals.
Regarding the charge of inciting insurrection, Hwang's side argued that he was not in a position to obtain information about the preparation and procedures of the emergency martial law or to communicate with state council members, and therefore, he had no intent to undermine the constitutional order at the time of writing the posts.
His defense attorney stated, "The defendant was merely expressing his political views without any thought of insurrection," adding, "Expressing opinions on social media in support of the president and against the obstruction of investigations into 'election fraud' falls under the realm of freedom of expression."
The defense emphasized that at the time, the defendant was a private citizen who believed that state power would be exercised legally, and that he had only posted on social media based on fragmented information available in the media, asserting, "It is difficult to see any intent or purpose to realize the subversion of the constitutional order."
Hwang also denied the charge that he gathered supporters with a YouTube post stating, "Emergency! Urgent! Everyone come out!" in November 2024 to obstruct a search and seizure operation by Special Prosecutor Cho Eun-seok's team.
Hwang's side claimed that he sometimes delegated the management of his accounts to party officials, and therefore, some of the posts were not written by him personally.
He stated, "I post so many messages that I cannot remember which ones I wrote," adding, "There are many that I did not write."
When the court asked if he had personally written a post in the first person that read, "The search and seizure warrant for the insurrection special investigation against me is illegal," Hwang replied, "It was written as if it were my own post."
Hwang was indicted without detention last December on charges of posting messages supporting martial law, such as "We must eradicate the pro-North Korea Juche faction forces and election fraud forces that have ruined the country," after former President Yoon Suk Yeol declared emergency martial law on December 3, 2024.
According to the indictment, shortly after the declaration of emergency martial law, Hwang spoke on the phone and exchanged text messages with Kim Joo-hyun, former Senior Secretary to the President for Civil Affairs, after 11:00 p.m.
The special investigation team concluded that Hwang had grasped the internal situation of the presidential office through these communications.
(Photo: Yonhap News)