Former Army 707th Special Mission Group Commander Kim Hyun-tae was sentenced to 12 years in prison on August 27 by the Seoul Central District Court for his active involvement in the December 3 martial law crackdown on the National Assembly and the National Election Commission.
The Verdicts and Legal Repercussions for Former Military Commanders
On August 27, the Seoul Central District Court’s Criminal Settlement Division 37-2 (Presiding Judges Oh Chang-seop, Ryu Chang-seong, and Jang Seong-hun) handed down heavy prison sentences to five former military commanders implicated in the 12/3 insurrection. Among them, former 707th Special Mission Group Commander Kim Hyun-tae received a 12-year prison sentence. Former 1st Airborne Special Forces Brigade Commander Lee Sang-hyun was sentenced to 10 years in prison for engaging in important missions related to an insurrection and abuse of power.
The court found that these commanders led Special Warfare Command troops into the National Assembly during the emergency martial law, actively blocking access to the legislature and attempting to obstruct the lifting of martial law. Furthermore, the judicial panel targeted specific operational failures and command abuses that undermined the foundations of constitutional democracy.
Additional sentences were handed down across the military hierarchy. Former Defense Security Command Investigation Unit Commander Kim Dae-woo, who was implicated in directing the formation of a politician arrest squad, received a five-year prison sentence. Meanwhile, former Defense Intelligence Commander Noh Sang-won, former Central Newspaper Unit Commander Kim Bong-gyu, and former 100th Division 2nd Business Group Commander Jeong Seong-uk each received seven-year sentences for conspiring to mobilize intelligence operatives and actively participating in plans to detain National Election Commission officials.
Following the rulings, the court ordered the immediate legal detention in the courtroom of Kim Hyun-tae, Lee Sang-hyun, and Kim Dae-woo, all of whom had been standing trial without physical detention. However, the court acquitted former Ministry of National Defense Investigation Headquarters Director Park Heon-su and former Defense Intelligence Planning Director Go Dong-hee, concluding that they lacked criminal intent regarding the insurrection at the time.
Judicial Condemnation of Institutional Betrayal
The sentencing panel delivered a scathing rebuke of the convicted officers during the proceedings. According to the court’s official statements, the defendants “shirked the sacred duty of national security and national defense, and instead used military power meant for the state and the people for the interests of individuals and a specific faction.”
The judges emphasized that the officers turned a blind eye to the countless citizens resisting unconstitutional and illegal martial law, as well as to subordinate troops who questioned the lawfulness of their deployment. By blindly obeying unlawful superior orders, the commanders left enduring scars on the military and the nation while severely tarnishing South Korea’s international standing.
The court explicitly noted the broader societal imperative behind the rulings, stating that the judiciary is obligated by the state and society to hold individuals accountable for insurrectional crimes that have no place in a free democracy. The severity of the sentences is designed to send an unmistakable warning to deter anyone from ever attempting or participating in an insurrection again.
Defiant Posture and Public Backlash Online
A decisive factor in the harsh penalty dealt to Kim Hyun-tae was his conduct after the military intervention. The court pointed out that Kim maintained throughout the trial that the martial law was legitimate and justified by lawful superior orders, showing no signs of remorse.
The judicial panel specifically criticized Kim’s online activities, noting that he used platforms like YouTube to distort facts, criticize individuals involved in the legal proceedings, and openly mock the rule of law and the judicial system. Following his dismissal from the Ministry of National Defense in January, Kim engaged in far-right political activities alongside YouTuber Jeon Han-gil and ran as an independent candidate in the Gyeyang Eul legislative by-election held concurrently with the local elections in June, ultimately suffering defeat.
These actions compounded the gravity of his offenses, leaving the court with little alternative but to impose a 12-year prison term to uphold constitutional integrity and institutional accountability.
