Why did the Seoul High Court increase Cho Tae-yong’s sentence in the martial law-linked trial?

The court said Cho made false statements that Yoon Suk Yeol had not ordered the arrest of politicians, even though he had received a report of an arrest order on the day martial law was declared. It ruled that those statements amounted to political activity barred by the National Intelligence Service Act.

What charges did Cho Tae-yong avoid in the Seoul High Court ruling?

The appellate court acquitted him of dereliction of duty. It said it was difficult to determine whether he was required to inform the National Assembly once he learned of the plan to arrest politicians.

What sentence did the special counsel seek against Cho Tae-yong in the appellate trial?

Special counsel Cho Eun-suk asked the court to sentence Cho to seven years in prison. The Seoul High Court instead imposed a 2 1/2-year term.

Appeals court increases ex-spy chief's sentence to 2 1/2 years in martial law-linked trial

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Summary

The Seoul High Court increased former National Intelligence Service Director Cho Tae-yong’s sentence to 2 1/2 years in prison on Wednesday in a martial law-linked trial. The court found him guilty of engaging in political activities by making false statements that former President Yoon Suk Yeol had not ordered the arrest of politicians after the December 2024 martial law declaration. It acquitted him of dereliction of duty and said it was hard to determine whether he had to notify the National Assembly. The ruling was below the seven-year term sought by special counsel Cho Eun-suk.

Key Facts

The National Intelligence Service Act bans agency personnel from engaging in political activities.
A lower court had earlier sentenced Cho to 18 months in prison after convicting him of perjury and clearing him of most other charges.
The appellate court ruled that it was difficult to determine whether Cho was required to inform the National Assembly once he learned of the arrest plan.
The court said Cho directly participated in political debate by delivering false statements despite receiving a report of an arrest order on the day of the martial law declaration.

By Yonhap

Published Aug 19, 2026 12:37 pm KST

Former National Intelligence Service Director Cho Tae-yong / Korea Times photo by Park Si-mon

An appeals court on Wednesday increased former National Intelligence Service (NIS) Director Cho Tae-yong's sentence to 2 1/2 years in prison on charges linked to former President Yoon Suk Yeol's 2024 martial law bid.

The Seoul High Court handed down the sentence after finding Cho guilty of engaging in political activities by making false statements that Yoon had not ordered the arrest of politicians, days after his short-lived imposition of martial law in December 2024.

Under the National Intelligence Service Act, the agency's personnel are banned from engaging in political activities.

A lower court earlier sentenced Cho to 18 months in prison after convicting him of perjury but clearing him of most other charges, including dereliction of duty for allegedly failing to immediately inform the National Assembly of Yoon's plan to arrest politicians under martial law.

The appellate court also acquitted him of the dereliction of duty charge, ruling that it was difficult to determine whether Cho was required to inform the National Assembly once he learned of the plan.

"The defendant directly participated in political debate by delivering false statements that no such order had been issued despite having received a report of an arrest order on the day of the martial law declaration," the court said.

"These acts are in direct contravention of laws seeking to strengthen the NIS' political neutrality and run counter to the public's expectations for the agency to become a trusted intelligence agency."

The appellate ruling fell short of special counsel Cho Eun-suk's request for a seven-year prison term.

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