Ex-Defense Minister Sentenced: How Military Secrets Impacted South Korea’s Democracy

[Asia Times = Reporter Park Yo-don] The special prosecutor asked the court to impose a 5-year prison term on former Defense Minister Kim Yong-hyun, alleging he leaked a roster of Defense Intelligence Command agents to assemble a Second Investigation Unit to probe alleged election fraud during the Dec. 3 martial law period.

On May 12, the special prosecutor leading the insurrection probe, Cho Eun-seok, told Seoul Central District Court’s Criminal Division 21 (Presiding Judge Jo Sun-pyo) at the sentencing hearing that Kim should receive 5 years for violating the Military Criminal Act by disclosing military secrets and for breaching the Personal Information Protection Act.

The prosecution characterized the conduct as a grave, anti-constitutional offense. It said the acts followed an unconstitutional and unlawful declaration of martial law, sought to undermine the democratic electoral system, and included plans to seize the National Election Commission and detain its staff—steps that would have trampled constitutional order.

Prosecutors also said Kim attempted to mobilize elite personnel from the Defense Intelligence Command for an unlawful probe into alleged election fraud. They argued that such a move would have fundamentally destroyed the military’s command structure and eroded its political neutrality.

In recommending the sentence, the special prosecutor cited the seriousness of the offense, the severe national turmoil and breakdown in military discipline it caused, the defendant’s level of involvement, and his conduct during the investigation and trial.

Prosecutors say Kim, between October and November 2024, conspired with then-Defense Intelligence Command commander Moon Sang-ho, Central Press Corps chief Kim Bong-gyu, Unit Chief Jung and others to provide personal details of about 40 agents—including members of the Intelligence Command’s special missions unit (HID)—to former Defense Intelligence Command commander No Sang-won.

The special prosecutor concluded that Kim and No planned to use the leaked roster to create a Second Investigation Unit to investigate alleged election fraud under martial law.

On the same day, the Supreme Court upheld a 2-year prison sentence for former commander No Sang-won, who was prosecuted for receiving the agents’ information from Kim.