Monday, April 6, 2026

Where should this case be tried? (another in a series)

South Korean military personnel are accused of having participated in a failed attempt to impose martial law. Should the case be tried in civilian court or a court-martial? The special prosecutor is appealing a transfer of the case to the military justice system. What to do? Excerpt:

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."

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