Former NIS Director Cho Taeyong Sentenced to 1 Year and 6 Months in First Trial for Perjury Before National Assembly

Not Guilty of Dereliction of Duty and Evidence Destruction

Former National Intelligence Service Director Cho Tae-yong, who was indicted on charges including failing to report former President Yoon Suk-yeol's plans in advance to the National Assembly at the time of the December 3 Martial Law declaration, has been sentenced to a prison term in the first trial.

Former National Intelligence Service Director Cho Tae-yong is entering the Seoul Central District Court in Seocho-gu, Seoul, on November 11 last year to attend the pre-arrest interrogations (warrant hearing). Photo by Yonhap News

On May 21, the Seoul Central District Court’s Criminal Division 32 (Presiding Judge Ryu Kyungjin) sentenced former Director Cho to one year and six months in prison for violating the ban on political involvement under the National Intelligence Service Act, dereliction of duty, and perjury. The court stated, "As the director of the National Intelligence Service, he should have responded as truthfully as possible during the parliamentary inquiry to dispel public suspicion and demonstrate a responsible attitude of reflection. However, he neglected this duty, submitted false official documents to the National Assembly, and thereby made the investigation and proceedings more difficult, which makes the crime serious."

In the trial, the charge of perjury—giving false testimony before the National Assembly—was found to be guilty. The court determined that former Director Cho directly received documents related to martial law in the President’s office before the declaration and witnessed Foreign Minister Cho Tae-yeol receiving the documents as well. Nonetheless, he categorically denied these facts before the National Assembly and elsewhere, which the court found to be clear perjury.

He was found not guilty of dereliction of duty, violating the ban on political involvement under the National Intelligence Service Act, and evidence destruction. The court held that it was difficult to conclude that former President Yoon specifically instructed Cho to arrest politicians. Furthermore, based solely on the reports of former First Deputy Director Hong Jangwon, it was difficult to conclude that Cho definitively recognized an order to arrest politicians, and it could not be ruled out that he perceived these events as part of the martial law process, leading to a not guilty verdict on dereliction of duty.

Regarding the charge of destroying evidence by deleting information from secure phones belonging to former President Yoon and others after the martial law declaration, the court found that these were simply follow-up security measures, and there was no proven intent to destroy evidence. As for the allegation of political involvement by selectively providing National Intelligence Service CCTV footage only to the People Power Party, the court found that the footage was submitted in response to an official request, making it difficult to conclude that Cho had an intention of political involvement, and thus he was found not guilty.

Former Director Cho was put on trial for failing to report to the National Assembly despite being aware, during the December 3, 2024 Martial Law, that former President Yoon and others planned to deploy the military to blockade the National Assembly and arbitrarily arrest politicians. According to the National Intelligence Service Act, the director of the National Intelligence Service must promptly report to the President and the National Assembly Information Committee if a situation arises that has a significant impact on national security.

He also faced charges of acquiescing after receiving a report from former First Deputy Director Hong about the movement of arrest teams immediately after the martial law declaration, giving false testimony before the National Assembly and Constitutional Court, and participating in the deletion of information from secure phones belonging to Yoon and others. Additionally, he was charged with violating the duty to refrain from political involvement by selectively providing National Intelligence Service CCTV footage only to the People Power Party.

Previously, the special prosecution team for the insurrection led by Cho Eunsuk requested a seven-year prison sentence for former Director Cho during the final hearing last month.

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