A South Korean court has sentenced former Defense Intelligence Command chief Noh Sang-won to two years in prison, ruling that his illegal acquisition of soldiers’ personal information to staff a “Second Investigation Unit” probing alleged election fraud during the December 3 declaration of martial law served as “one of the driving forces” behind the imposition of martial law itself. The verdict marks the first court ruling in cases brought by the special prosecutor investigating the alleged insurrection and represents the judiciary’s first determination that the December 3 martial law declaration failed to meet legal requirements.
The Seoul Central District Court’s Criminal Division 21 (Presiding Judge Lee Hyun-bok) delivered the first-instance verdict at 2 p.m. on the 15th, finding Noh guilty of receiving bribes through influence-peddling and violating the Personal Information Protection Act. The court sentenced him to two years in prison and ordered the forfeiture of 24.9 million won (approximately $18,000) that he had received from active-duty generals in exchange for promises of promotion. The special prosecutor’s team had sought a three-year prison term.
Noh is a key defendant in the broader insurrection case, having been deeply involved in preparations for the December 3 martial law. Beginning about a month before the declaration, he allegedly took part in meetings known as the “Lotteria gatherings” and designated former Army 2nd Armored Brigade commander Koo Sam-hoe and former Defense Intelligence Command Central Intelligence Group chief Kim Bong-kyu as leaders of the Second Investigation Unit, which was to investigate alleged election fraud at the National Election Commission.
The case decided on this occasion concerned Noh’s actions starting in September last year, when he requested and received lists of Defense Intelligence Command personnel—containing real names, specialties, and other sensitive personal data—from then–Defense Intelligence Command chief Moon Sang-ho and others, purportedly to select members for the Second Investigation Unit. The court found that Noh, a civilian without any legal authority to access soldiers’ personal information, had unlawfully obtained such data, and thus convicted him of violating the Personal Information Protection Act.
The court further held that Noh acted with clear criminal intent, noting that the personal information was leaked for the illegal purpose of forming a unit to conduct an “election fraud investigation.” It stated that the formation of the investigation unit was part of a series of preparatory acts carried out with the plan to declare martial law at a predetermined point in time, regardless of whether the substantive conditions for declaring martial law were actually met.
“This conduct,” the court said, “constituted a preparatory act aimed at declaring martial law and must be regarded as unconstitutional and unlawful.” The defense argued that the selection of soldiers was intended not to form a Second Investigation Unit but to prepare manpower for a potential mass defection from North Korea, but the court rejected this claim.
In addition, the court explicitly ruled that the December 3 martial law itself was unconstitutional and illegal. While acknowledging that the power to declare martial law is constitutionally vested in the president, the court emphasized that the president is nonetheless bound by a constitutional duty to uphold the Constitution and must exercise that power cautiously and strictly within the conditions and limits prescribed by law.
The court explained that warrantless military investigations targeting the National Election Commission—a constitutional body—could only be contemplated under extremely exceptional and extraordinary circumstances, such as a lawful declaration of martial law. It found that, at the time, there were no circumstances indicating that the substantive legal requirements for declaring martial law had been met, nor any credible risk that such requirements would be met.
Explaining the sentencing decision, the court stated that Noh’s actions could not be evaluated solely as violations of the Personal Information Protection Act or as influence-peddling under the Act on the Aggravated Punishment of Specific Crimes. “The defendant’s conduct,” the court said, “was one of the forces that enabled this martial law—lacking any substantive legal basis—to advance to the stage of actual declaration.”
The court also found Noh guilty of receiving cash and department store gift certificates from August to October last year from Koo and Kim in exchange for promises of promotion, determining that the testimony of those involved was credible.
This ruling represents the first judicial decision in a case indicted by the special prosecutor led by Cho Eun-seok, who is investigating the alleged insurrection. Prior to sentencing, Presiding Judge Lee stated that the case was the first among those prosecuted by the special prosecutor established following last year’s martial law crisis to reach the sentencing stage.
“This case has drawn nationwide attention from even before the investigation began, and every step of the investigation has been reported by the media,” Lee said. “From the early stages of the trial, this court has made efforts to maintain neutrality and avoid bias or preconceived judgments. Each factual finding and each legal determination has been considered with the utmost care before arriving at today’s final verdict. I would like to express my sincere appreciation to both the special prosecutor and the defense counsel for their cooperation in ensuring that the evidentiary proceedings were completed as planned.”
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