2024 Emergency Declaration Scandal: What You Need to Know About the Trial of Former Presidential Aide

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The trial of former presidential aide Kang Eui-gu, accused of drafting a post-hoc martial law proclamation after the Dec. 3 events, formally began.

Kang pleaded not guilty, arguing that the \”Dec. 3, 2024\” date on the proclamation denotes the date the martial law was declared, not the date it was signed.

Seoul Central District Court’s Criminal Division 30, presided over by Judge Park Ok-hee, held Kang’s first hearing on the afternoon of March 25. He faces charges including falsifying official documents and violating the Presidential Records Management Act.

Kang’s defense said the date on the document indicates the proclamation date rather than the document’s drafting date. They argued that the Dec. 3, 2024 notation reflects the actual day the martial law was declared and therefore is not false.

Defense counsel cited Article 82 of the Constitution, noting that it requires the president’s acts of state to be carried out in writing and signed by the prime minister and relevant ministers but does not prescribe how such documents must be drafted or what specific details they must contain. They urged the court not to overlook this point when assessing criminal liability.

They also argued that judges who prepare written rulings after issuing judgments cannot reasonably be prosecuted for falsifying official documents, and that this case should be viewed in that context.

Prosecutors contend that Kang drafted a false proclamation to make it appear that former Prime Minister Han Duck-soo, former Defense Minister Kim Yong-hyeon, and former President Yoon Suk-yeol had signed the document before the declaration. Investigators say the post-event document bears signatures in the order of Han, Kim and Yoon and was stored in Kang’s office.

As the investigation into alleged insurrection intensified, prosecutors say Kang shredded the document after hearing from former Prime Minister Han, who reportedly said, \”If it becomes known that we created the document after the fact, it could spark another controversy, so let’s treat my signature as if it never existed.\”

The next hearing is scheduled for 2 p.m. on April 8.