'12·3 Martial Law Commander' Park An-su, Chief of Army Staff, Decides to Take Leave of Absence Due to Indictment

The Ministry of National Defense announced on the 25th that it has issued an order for suspension from duty without pay for Park An-su, the Army Chief of Staff who was prosecuted while serving as the martial law commander during the December 3 martial law period.

According to the current Military Personnel Act, officers, warrant officers, and non-commissioned officers who are prosecuted for cases punishable by death, life imprisonment, or imprisonment or detention for two years or more may be ordered to take a leave of absence. When a suspension from duty without pay is imposed, the individual typically receives only 50% of their salary and cannot hold any position until the sentence is finalized.

Former Army Chief of Staff Park An-su is attending the plenary meeting of the "Special Committee for the National Investigation into the Alleged Rebellion Charges through the Declaration of Martial Law by the Yoon Seok-yeol Administration" held at the National Assembly on the 14th. Photo by Kim Hyun-min

원본보기 아이콘

With this, the total number of personnel suspended from duty without pay related to martial law at the Ministry of National Defense has increased to five. Previously, General Park, unlike former commanders Yeo In-hyung of the Defense Counterintelligence Command, Kwak Jong-geun of the Army Special Warfare Command, Lee Jin-woo of the Army Capital Defense Command, and Moon Sang-ho of the Defense Intelligence Command?who were all removed from their posts and suspended from duty without pay due to involvement in the December 3 martial law?has maintained a status of suspension from duty.

This is due to the inability to form a committee to review his removal from post. According to the Enforcement Decree of the Military Personnel Act, the committee for reviewing removal from post must consist of at least three members, each of whom must be a superior or senior to the person under review.

In General Park’s case, the only superior or senior capable of forming the removal review committee is Chairman of the Joint Chiefs of Staff Kim Myung-soo. Acting Minister of National Defense (Vice Minister) Kim Seon-ho is reported to have concluded, after legal review, that an acting minister cannot serve as a member of the removal review committee. For this reason, General Park’s removal from post has not been carried out.

© The Asia Business Daily(www.asiae.co.kr). All rights reserved.