Flaws in the indictment were pointed out even during the first trial of former Capital Defense Commander Lee Jin-woo, who was indicted by the 2nd Joint Special Counsel Team led by Kwon Chang-young on charges of creating the "Suho-sin Task Force (TF)," a counter-terrorism operation unit, and ordering the deployment of troops to the National Assembly during the emergency martial law.

The point was raised that it is not clearly readable from the facts of the indictment which specific actions are at issue.

Criminal Settlement Division 38-2 of the Seoul Central District Court (Presiding Judges Jung Soo-young, Choi Young-gak, and Jang Sung-jin) held the first preparatory hearing this afternoon (the 30th) for former Commander Lee on charges of abuse of authority resulting in the restriction of rights.

The court pointed out that a significant portion of the indictment consists of introductory background facts, with specific criminal facts beginning only from page 9 out of the total 13 pages, and asked that the defendant's problematic actions be supplemented in detail.

The court went on to say, "It seems that the creation of the Suho-sin TF itself is not what is at issue."

The joint special counsel team explained, "We are making the creation of the TF itself the core of the abuse of authority, but it was not reflected in the indictment," adding, "Documents were produced, and through them, the Suho-sin TF was created."

However, the court noted, "From what I read in the facts of the indictment, it does not read that way," and pointed out, "The defendant's action in the criminal facts is having them draw up a map and planning document of the National Assembly, and it does not seem to take issue with the creation of the Suho-sin TF itself. It is not clearly revealed whether people were made to do things they had no obligation to do as a result of its creation."

The court also expressed doubt as to whether the rest of the indictment, excluding the creation of the Suho-sin TF, falls under the scope of the Special Counsel Act's investigation.

Former Commander Lee's legal counsel also argued for the dismissal of the indictment, claiming that the Suho-sin TF was not an illegal organization prepared for martial law and thus does not fall under the scope of the investigation stipulated by the Special Counsel Act.

The court stated, "Whether the Suho-sin TF itself was an illegal organization prepared for martial law is important and has considerable relevance to the dismissal of the indictment," adding, "It appears to require substantial review whether the remaining criminal facts alone can be regarded as falling within the investigation scope of the Special Counsel Act."

Former Commander Lee is accused of creating the Suho-sin TF, a unit in charge of counter-terrorism special missions, inside the Capital Defense Command in February 2024, and then ordering the deployment of troops inside the National Assembly on the night of the December 3 emergency martial law.

Previously, the special counsel team indicted former Commander Lee, stating that while reviewing the allegations against former Defense Security Commander Yeo In-hyung, they obtained information regarding the circumstances under which the Suho-sin TF was created.

The special counsel team concluded that deploying a counter-terrorism operation unit to the National Assembly posed legal problems—such as leaving the designated operational responsibility area and failing to designate a counter-terrorism initial response unit—yet former Commander Lee issued orders to subordinate unit members to perform acts without legal obligation without going through minimal procedures.

Former Commander Lee's legal counsel stated a desire for a trial by citizen participation, but the court requested further review.

The court explained, "Since most parts are legal-1-related, it is questionable whether it matches the nature of receiving judgment at the level of public perception," and added, "As the case itself is one where public opinions are sharply divided, it also seems not easy to select fair jurors."

Counsel for former Commander Lee also argued, "The Suho-sin TF reported to the Joint Chiefs of Staff and even received approval, yet they call it a secret organization," adding, "I have been a defense counsel for 35 years, but looking at the records, I have no idea what is what. I am sorry to say this to the special counsel, but no matter how much I look, I do not know what was indicted, and I cannot understand what the records mean."

Special Counsel Assistant Kim Jung-min countered, "We did not indict them solely on the basis that it was a secret organization; we secured statements that deployment orders were issued to the Suho-sin TF before martial law became known," adding, "We confirmed that it began to be operated inconsistently with counter-terrorism unit regulations and was misused on the day of martial law, so we booked and indicted them."

(Photo: Yonhap News)