Military personnel appearing as witnesses in recent trials regarding insurrection charges related to the December 3 emergency martial law have been repeatedly refusing to testify.

As the second Comprehensive Special Counsel team led by Kwon Chang-young, which was launched to handle remaining cases, has booked these individuals as suspects for alleged involvement in the insurrection, they have remained silent out of concern that their court testimony could be used against them.

It appears that the investigation by the Comprehensive Special Counsel team is acting as a headwind for the trials of the Insurrection Special Counsel team, which must focus on maintaining their indictments.

It is reported that three to four active-duty soldiers who appeared as witnesses in a recent trial at the Seoul Central District Court (Criminal Agreement Division 37-2, Presiding Judges Oh Chang-seop, Ryu Chang-seong, and Jang Seong-hun) for six former military officials, including former 707th Special Mission Group Commander Kim Hyun-tae, who are charged with engaging in important duties during an insurrection, refused to testify.

They reportedly stated that they were in a difficult position to testify because the matters were related to the charges for which they have been booked by the Comprehensive Special Counsel.

Under the Criminal Procedure Act, witnesses may refuse to testify if there is a risk that they or their family members could face criminal disadvantages.

Previously, these witnesses were investigated by the Insurrection Special Counsel team as reference witnesses, not suspects, and provided meaningful statements with a relatively cooperative attitude.

The Special Counsel team, deeming those statements necessary to prove the charges against former Commander Kim and others, submitted the written statements as evidence to the court.

However, when the court summoned them to testify in person to determine the credibility of those statements, they refused to speak.

This is not the first time the Comprehensive Special Counsel team's investigation has negatively impacted the Insurrection Special Counsel team's trials.

Regarding former Korea TV (KTV) President Lee Eun-woo, who was being tried after being indicted by the Insurrection Special Counsel team on charges including abuse of power, Special Prosecutor Assistant Kwon Young-bin of the Comprehensive Special Counsel team applied new charges of 'insurrection propaganda' and conducted an investigation.

Former President Lee received a suspended prison sentence in his first trial for abuse of power and other charges on June 26.

Some analysts suggested that the court may have imposed a relatively lighter sentence for the abuse of power charges, taking into account that Lee was under separate investigation for the more serious charge of insurrection propaganda.

The fact that the Comprehensive Special Counsel team has booked former National Intelligence Service First Deputy Director Hong Jang-won and former Army Special Warfare Commander Kwak Jong-geun also has the potential to affect the Insurrection Special Counsel team's future efforts to maintain their indictments.

This is because they had previously provided statements that served as key clues for the Insurrection Special Counsel team's investigation, effectively acting as 'whistleblowers.'

Within the legal community, some point out that these actions by the Comprehensive Special Counsel team may violate the provisions of the Comprehensive Special Counsel Act, as they effectively hinder the duties of the three previously established special counsel teams (Insurrection, Kim Keon-hee, and Marine Corps death case).

Article 21, Paragraphs 1 and 3 of the Comprehensive Special Counsel Act stipulate that 'the three special counsel teams and the Comprehensive Special Counsel must cooperate with each other regarding investigations, indictments, and the maintenance of prosecutions,' and that 'the Comprehensive Special Counsel shall not affect the performance of duties by the three special counsel teams,' respectively.

(Photo: Yonhap News)