The Seoul Central District Court on Tuesday transferred the cases of military personnel indicted on charges of engaging in critical insurrection duties in connection with the December 3 emergency martial law to a military court, it was revealed.
The insurrection special counsel team, led by Special Counsel Cho Eun-seok, has requested that the cases be referred to the special counsel so they can be heard by the dedicated insurrection trial division.
According to the special counsel and other sources on Tuesday, the dedicated insurrection trial division — the 38-1st Criminal Division of the Seoul Central District Court (Presiding Judge Jang Seong-jin) — transferred the cases of three military generals and five colonels to the Central Regional Military Court. The defendants include former Army 1st Corps 2nd Armored Brigade Commander Brig. Gen. Ku Sam-hoe and former Ministry of National Defense Innovation Planning Director Brig. Gen. Bang Jeong-hwan, all facing charges including engaging in critical insurrection duties.
The court explained its reasoning for the transfer, stating, "The dedicated insurrection trial division law only stipulates exclusive jurisdiction over insurrection cases and does not contain explicit provisions regarding judicial authority." The court added, "Judicial authority over these cases lies with the military court."
The special counsel team said Tuesday, "We have requested the Ministry of National Defense to refer the cases to the insurrection special counsel under Articles 7(1) and 7(2) of the Insurrection Special Counsel Act, so that the dedicated insurrection trial division of the Seoul Central District Court can hear them for swift and efficient prosecution."
Articles 7(1) and 7(2) of the Insurrection Special Counsel Act stipulate that the special counsel may request the referral of cases that fall under the investigation scope of the Special Counsel Act and are currently being prosecuted by prosecutors or military prosecutors. The provisions also allow the special counsel, when necessary, to direct the prosecutors or military prosecutors who originally handled the cases to continue prosecution under the special counsel's supervision.