Prosecutors Begin Preparing Arrest Warrant Request for Jo Hyun-cheon in 'Martial Law Document' Case

Possible Submission to Court as Early as This Afternoon
Former Commander Cho Maintains Claim of No Charges in Investigation
Intense Legal Battle Inevitable if Warrant Requested

On the 30th, it was reported that the prosecution has begun preparing a detention warrant request for former Commander of the Republic of Korea Army's Defense Security Command, Cho Hyun-cheon, who is suspected of ordering the drafting of martial law documents.

The Criminal Division 5 of the Seoul Western District Prosecutors' Office (Chief Prosecutor Lee Byung-joo) is expected to file a detention warrant for Cho, who was arrested on charges including conspiracy to commit rebellion, as early as this afternoon.

The prosecution is already drafting the warrant request to submit to the court and plans to add details from the investigation conducted since the previous day. The charges specified in the warrant are reported to be conspiracy to commit rebellion, the same as in the arrest warrant. However, a prosecution official stated, "There are cases where the warrant request is fully prepared but not submitted to the court."

Former Defense Security Command Commander Cho Hyun-cheon, a key figure in the allegations regarding the martial law documents before the impeachment of former President Park Geun-hye, is speaking after being escorted to the Seoul Western District Prosecutors' Office following his arrival through Incheon International Airport Terminal 2 on the morning of the 29th.
[Photo by Yonhap News]

If the prosecution files the detention warrant, a fierce legal battle with Cho's defense team is expected. It is reported that Cho is thoroughly refuting the necessity of detention during the prosecution's investigation. He argues that the martial law documents were not drafted for actual implementation, and his absence from the country for over five years is 'a delay, not an escape.' He emphasizes that the seriousness of the crime required for the issuance of a detention warrant is not recognized, and there is no risk of flight.

Cho is suspected of having formed a "Martial Law Document Drafting Task Force (TF)" in February 2017, ordering the preparation of martial law review documents, and reporting them to then-Minister of National Defense Han Min-gu. The documents contained plans for martial law to suppress the candlelight protests demanding the resignation of former President Park Geun-hye by force. However, the plans in the documents were never actually executed.

These documents were disclosed after the Moon Jae-in administration took office. Following political and social controversy, the prosecution and military formed a special investigation team under presidential orders and began an investigation, but only three Defense Security Command officers were prosecuted, and the activities were concluded. Regarding Cho, prosecution was suspended in December 2017 because he left for the United States and his whereabouts were unknown. Investigations into former President Park Geun-hye, former Prime Minister Hwang Kyo-ahn, and former National Security Office Director Kim Kwan-jin, who were identified as higher-ups, were also halted.

In September last year, the prosecution began full-scale reinvestigation preparations after Cho expressed his intention to voluntarily return and cooperate with the investigation through his lawyer. The case was transferred from the Seoul Central District Prosecutors' Office to the Seoul Western District Prosecutors' Office and reassigned to the Criminal Division 5 of the local prosecutor's office. On the morning of the previous day at 6:34 a.m., when Cho arrived at Incheon International Airport, the arrest warrant was executed, and he was taken to the prosecution office for questioning. According to the Criminal Procedure Act, investigative agencies must either request a detention warrant or release the suspect within 48 hours of arrest.

This content was produced with the assistance of AI translation services.