15-05-2025
Court weighs opening up criminal trial of top military officers
A South Korean court is considering opening to the public the criminal trial of three high-ranking military officers indicted in connection with disgraced former President Yoon Suk Yeol's short-lived martial law declaration.
The Seoul Central District Court expressed its intent to discuss the matter with prosecutors, in response to objections continuously raised by civic groups against its practice of holding the legal proceedings of the military officers behind closed doors.
'The court did not disregard the public's right to know. The sessions were held in private in accordance with the law," said the judge, Ji Gwi-yeon, prior to the opening session of Wednesday's hearing for the three former military officers' criminal trial. "Today's hearing will proceed in private, but the court will positively consider options that do not undermine the public's right to know."
A total of five hearings — the second to the sixth — for the high-ranking military officers have been held behind closed doors since March. The defendants include former Defense Minister Kim Yong-hyun, former commander of the Defense Intelligence Command Noh Sang-won and former DIC Col. Kim Yong-gun.
The seventh hearing in the criminal trial of the three officers is scheduled for May 23.
The proceedings of the high-ranking military officers were initially conducted separately. However, the court decided in February to merge the cases, as all three are charged in connection with key insurrection-related duties, and the cases are closely linked.
Different civic groups, including the Center for Military Human Rights Korea and Lawyers for a Democratic Society, have urged the court to ensure the public's right to know, contending that the trial on insurrection charges should be held publicly, as it does not relate to the mission of the DIC.
'Article 109 of the Constitution stipulates that the trials and decisions of the courts shall be open to the public," said the civic groups in a joint statement issued Wednesday. "Since the martial law declaration severely violated the constitutional order and broadly infringed upon the fundamental rights of the people, the public's right to know must be more firmly guaranteed for the trial."
The court initially granted the Defense Ministry's request to hold the hearings behind closed doors, citing national security concerns over testimony from DIC officers. But the court later proposed partial disclosure — keeping sensitive details including names, affiliations and location of military bases private — while switching between open and closed sessions.
Prosecutors agree with opening the trial to the public, saying full secrecy was no longer necessary after witness examinations. However, legal representatives of the defendants opposed the idea, insisting those who demand public trials essentially want to pressure the witnesses and defendants.
While the former defense minister was indicted on charges of helping Yoon to stage an insurrection through the short-lived martial law declaration late in the night of Dec. 3, 2024, Noh and Kim were indicted under detention on charges of insurrection, abuse of power and activities that obstruct others from exercising their rights in January.
