[사설]홍장원·조성현 기소하려는 특검, 신중해야 한다

On the 23rd, the comprehensive special investigation into Chairman Kwongchang-yeong of the National Intelligence Service and Major General Jo Seonghyeon of the Military Supply Command, Unit 1, is actively reviewing the possibility of indicting them as co-conspirators in the incident that occurred during the emergency state on December 3.

They are accused of partially conveying upper-level orders to subordinates or taking subsequent actions during the incident. However, these two officials refused to execute unlawful orders and prevented the spread of the incident, ultimately contributing decisively to clarifying the facts. Their actions could cause considerable repercussions if they were indicted.

The special investigation suggests that Chairman Kwongchang-yeong held a departmental meeting shortly after the emergency to prepare the communication chain with the bomb squad and other contact systems, while also delivering explanation materials to the United States intelligence agency. Chairman Kwongchang-yeong refutes this, stating that the departmental meeting was merely a routine check of normal work during the emergency.

He also claims that the delivery of external explanation materials was carried out without his involvement. The investigation relies on the work diaries written by National Intelligence Service employees to suspect Chairman Kwongchang-yeong, but they cannot be certain of their accuracy based solely on the notes taken during the departmental meeting.

Major Jo's indictment would cause even greater repercussions, as he overturned an earlier acquittal by the special investigation. The special investigation considers other factors, such as Major Jo's refusal to execute an unlawful order from former military commander General Chungwoo during his term as military commander, and his subsequent deployment of backup troops near Bukchon Bridge to neutralize the illegal situation.

The special investigation would need new evidence to overturn the previous acquittal. Additionally, for a charge of committing a serious offense during the incident to be upheld, it is necessary to prove that it was not merely sufficient to handle the work shortly after the emergency. To be convicted of serious misconduct during the incident, it must be demonstrated that the incident played a crucial role in executing the violent actions, without merely stating that work was handled shortly after the emergency.

The fact that the incident played a significant role in executing violent actions during the chaos caused by President Yun Seok-jeol's unconstitutional objectives must be proven rationally beyond any reasonable doubt. If both of them are indicted, it would have a significant impact on the trial of other key defendants in the chaos, such as President Yun Seok-jeol and Kim Yung-hyun.

The appellate court, which is currently handling the case, has the potential to attack the credibility of the statements made by Chairman Kwongchang-yeong and Major Jo as decisive evidence. It is questionable whether the comprehensive special investigation has carefully reviewed the credibility of the statements made by the two individuals.

Since there is no new evidence, it is essential to carefully review the existing evidence before issuing indictments. Simply issuing indictments without sufficient evidence would be premature.