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A joint civilian-military team formed to investigate members of the former Defense Security Command (DSC) and its drafting of a martial law document during the impeachment hearings of ex-president Park Geun-hye announces the results of its investigation thus far in Seoul’s Dongbu District Prosecutors’ Office on Nov. 7. (Shin So-young, staff photographer)
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Whereabouts of key suspect concerning martial law document still undetermined
“Back when he was commander, he’d go around all the 50 or so security units nationwide and hold lavish events. That’s all gone now. The former subordinates are very disgruntled, since they’re the ones being questioned while he remains overseas.” This was the mood within the military over former Defense Security Command (DSC, now the Defense Security Support Command) Commander Cho Hyun-chun’s “flight” as relayed by one military source. Cho, who spearheaded the drafting of a DSC document on the possible imposition of martial law, left for the US for “academic reasons” on Dec. 13 of last year after being discharged that September. A joint civilian-military investigation group established in July (headed by Col. Jeon Ik-su and chief prosecutor No Man-seok) has attempted to reach Cho in various ways, but his whereabouts have yet to be ascertained. Cho is reportedly well aware that he is under investigation. In October, the investigation group moved to invalidate his passport, place a Red Notice with Interpol, and cancel his sojourn eligibility. Meanwhile, a military pension of over 4 million won (US$3,580) a month has been steadily paid to him. On Nov. 7, the group finally decided to temporarily suspend the investigation, having been unable to determine the purpose of the martial law document drafted while former President Park Geun-hye’s impeachment hearing was going on or who ordered it. The same day, it announced interim findings at its investigation team offices at the Seoul Dongbu District Prosecutors’ Office in Seoul’s Songpa district, adding that a stay of prosecution (wanted notice) was being placed on Cho on charges of conspiracy to prepare for rebellion. “While former Commander Cho will need to be questioned for a final determination to be made on the incident and whether a criminal act occurred, his whereabouts presently remain unknown,” the group explained as to the reasons for its stay of prosecution. The investigation is set to resume once Cho has been arrested. The statute of limitations does not elapse in cases of stays of prosecution due to overseas flight. The group also decided to suspend its investigation of witnesses until further details come to light on possible involvement by former President Park Geun-hye and former acting President Hwang Kyo-ahn, could may have ordered the examination of martial law and received reports on its progress. “We have not questioned either of them. We’ll be able to make a determination regarding complicity and charges once we have questioned former Commander Cho,” the group explained. Investigation of 8 other suspects suspended on similar grounds The group also decided to suspend witness investigations for eight other people on similar grounds, including former Blue House National Security Office Director Kim Kwan-jin – who was questioned as a suspect last month – as well as former Minister of National Defense Han Min-koo and former Army Chief of Staff Jang Jun-kyu, who was named as the planned “martial law commander” in the document in question. The group views the likelihood of the DSC having drafted the martial law document on its own as slim. The group is also reported to have acquired evidence and accounts from related parties that secure either orders or tacit approval from the Blue House and Ministry of National Defense. Cho visited the Blue House on a total of five occasions between Dec. 9, 2016, when the National Assembly approved an impeachment motion against Park, and May 9, 2017, when an early presidential election was held. “He visited through a ‘special route’ rather than through the normal procedures,” a source with the group explained. After launching its investigation on July 26 in response to a Center for Military Human Rights complaint, the group questioned 204 people over a roughly three-month period, including Kim Kwan-jin and Han Min-koo, and conducted searches and seizures on 90 locations including the Ministry of National Defense, Army headquarters, and DSC. To date, it has been unable to confirm any other preparation activities beyond the drafting of the martial law document itself.
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Former DSC Commander Cho Hyun-chun
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