[Breaking] Military Court Issues ‘Bail’ for Former Special Warfare Commander Kwak Jong-geun

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"All charges acknowledged… Apologizes to the public"

Former Army Special Warfare Command Chief Kwak Jong-geun, who was arrested and indicted on charges of ordering troop deployment to the National Assembly during the December 3 emergency martial law situation, was released on bail on the 4th. The Ministry of National Defense announced that the military court in the central region accepted his bail application.

Bail is a procedure that releases an accused person in detention under certain conditions. It appears the military court judged that the risk of evidence destruction is low since former Chief Kwak has acknowledged all the charges against him.

In a legal opinion submitted to the military court on the 25th of last month, former Chief Kwak stated, "I acknowledge all charges and sincerely apologize to the nation and the public for my mistakes and seek their forgiveness."

Military Court "Risk of Evidence Destruction is Low"

Former Chief Kwak was arrested for executing an internal military directive to deploy troops to the National Assembly at the end of last year. The military prosecution reported serious findings that he prepared special forces troops according to the upper command’s martial law execution plans and considered a plan to enter the National Assembly.

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However, the military court granted bail considering that former Chief Kwak acknowledged the charges and that the risk of flight is low. The conditions of bail have not yet been disclosed, but they typically include restrictions such as a ban on leaving the country, residency limitations, and prohibitions on contact with relevant parties.

Lee Jin-woo, former commander of the Capital Defense Command, had his bail application rejected.

Meanwhile, Lee Jin-woo, another key figure in the December 3 incident, applied for bail on the 13th of last month, but it was denied. The military court decided to maintain his detention, believing there is a high likelihood he would destroy evidence or influence individuals involved in the case.

This bail decision has been analyzed as a judgment based on substantive criteria such as the defendant's attitude and the possibility of preserving evidence, separate from the seriousness of the case. Former Chief Kwak will proceed with his trial while remaining free from custody.

Image source: Former Chief Kwak Jong-geun / News1, Former Capital Defense Command Commander Lee Jin-woo answering questions from lawmakers at the third hearing of the National Assembly's Special Committee on the Investigation of the Emergency Martial Law Declaration on February 6, 2025 / News1