조성현·홍장원 재판 넘긴 종합특검, 무리한 기소 아닌가

The Supreme Court's comprehensive special investigation (CPI) has indicted army Major General Choi Seong-hyun and former National Intelligence Service Director General Hong Jong-won on charges of participating in the December 3 coup attempt. This is based on their roles in mobilizing military forces and transmitting orders during the crisis.

Although the trial has not yet begun, the reasons for the indictment suggest that the charges extend beyond the scope of the crime of coup attempt and challenge the factual judgment of the Constitutional Court's first hearing in the case. The CPI asserts that Major General Choi mobilized troops upon receiving orders from President Lee Myung-bak and communicated to his subordinates to "bring legislators to the house."

However, he did not immediately relay this order to his subordinates and did not send the troops to the presidential complex. The CPI doubts the sincerity of Major General Choi's instructions to send troops to Gwangjang Bridge, which came shortly after the suspension of the National Assembly's emergency decree. However, the commander responsible for issuing the order to return units to the headquarters was the only one who did so without the higher authority's approval.

The CPI's reasoning in indicting Hong Jong-won is even more questionable as he did not forward the orders from President Lee Myung-bak to the relevant authorities and did not arrest intelligence officers involved. The Supreme Court and the lower court had already deemed Hong Jong-won's statements as credible evidence. According to the CPI's logic, merely delivering a questionable order during a crisis or continuing routine duties during an emergency would make one a co-conspirator if they later revealed the coup attempt.

Going forward, the government should carefully consider the implications for national security when considering whether to halt a military commander's orders in times of crisis. The Choi Seong-hyun special investigation must consult the investigation's findings with the CPI on the basis of Article 5 of the Special Investigation Act to determine if the accused should be considered as having been involved in the coup attempt.

If the evidence for the indictment is not proven beyond a reasonable doubt, the trial should be halted before it begins.