(2nd LD) Supreme Court confirms 2-yr prison term for retired general over martial law involvement

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South Korea's Supreme Court has confirmed a two-year prison sentence for retired Army Maj. Gen. Noh Sang-won, marking the first top-court ruling tied to the December 2024 martial law declaration under former President Yoon Suk Yeol. The ruling, delivered Tuesday, upholds lower court decisions convicting Noh of illegally collecting the personal information of military intelligence agents for use in a planned electoral fraud investigation team under martial law.

Coverage comparison

All reporting on the case comes from Yonhap News Agency, South Korea's leading wire service, which provided consistent details across multiple articles. The coverage includes the Supreme Court's ruling on Noh, a separate sentencing of former Defense Minister Kim Yong-hyun, and ongoing proceedings involving other former military officials accused of leaking intelligence information. No conflicting reports from other outlets were available.

Key claims

• Supreme Court ruling on Noh Sang-won: The court confirmed a two-year prison sentence and ordered forfeiture of 24.9 million won (about $13,500). Noh, 64, a former commander of the Defense Intelligence Command (DIC), was convicted of violating the Personal Information Protection Act by retrieving data on the command's agents ahead of the martial law bid, according to Yonhap.
• Bribery charges: Noh was also found guilty of receiving 20 million won in cash and 6 million won in gift certificates from two military officers in exchange for helping them get promoted, as reported by Yonhap. The court upheld both convictions.
• Separate insurrection trial: Noh is separately facing charges of playing a key role in an insurrection through his involvement in the martial law bid. In that trial, he was sentenced to 18 years in prison, and an appellate trial is underway, according to Yonhap.
• Kim Yong-hyun's sentencing: Former Defense Minister Kim Yong-hyun was sentenced to a three-year prison term on Tuesday by the Seoul Central District Court for deceiving the Presidential Security Service into issuing a secure phone. The court convicted him of obstruction of official duties by deception for obtaining the phone on Dec. 2, 2024, a day before Yoon's martial law declaration, and handing it to Noh, who then used it as chief of the election fraud investigation team, Yonhap reported.
• Evidence destruction: Kim was also found guilty of ordering his aide to destroy all martial law-related documents on Dec. 5, 2024, a day after the National Assembly voted to lift the decree, according to Yonhap.
• Sentencing recommendation for Kim: Special counsel Cho Eun-suk's team had requested a five-year prison term for Kim on related charges of leaking military secrets and violating the personal information protection law. The court imposed a three-year sentence, citing Kim's lack of prior criminal convictions as a mitigating factor, Yonhap reported.
• Moon Sang-ho's case: Special counsel sought a five-year prison sentence for Moon Sang-ho, a former chief of the Defense Intelligence Command, on charges of colluding with Kim to hand over a list of some 40 agents to Noh to form the investigation team, according to Yonhap. The special counsel's team noted the serious risk to the agents' safety if the list were exposed.

Perspectives

The rulings come amid ongoing legal proceedings stemming from Yoon's short-lived martial law declaration on Dec. 3, 2024, which was overturned by the National Assembly hours later. The Supreme Court's decision in Noh's case is the first final judgment from the top court on matters related to the martial law episode, signaling the beginning of legal closure for some of the lower-level figures involved.

According to Yonhap, Kim Yong-hyun is already serving a 30-year prison sentence for his central role in the insurrection, and Noh's separate 18-year sentence for insurrection is under appeal. The cases against Moon and others remain pending, with the special counsel's office pressing for stricter penalties.

Legal experts and observers quoted in Yonhap's coverage did not provide immediate commentary, but the rulings reflect the courts' efforts to address both the misuse of military intelligence and the broader attempts to subvert democratic processes during the martial law period. The relatively lighter sentence for Kim in the obstruction case, compared with the requested five-year term, underscores the court's consideration of individual circumstances, such as lack of prior convictions.