(2nd LD) Defense ministry says control of military currently lies with Yoon

(ATTN: UPDATES with more details in last 4 paras)

SEOUL, Dec. 9 (Yonhap) -- The control of South Korea's military forces currently lies with President Yoon Suk Yeol as the commander in chief, the defense ministry said Monday, as he faces investigation as a suspect on treason charges over last week's martial law declaration.

On Sunday, prosecutors said they booked Yoon as a suspect on insurrection charges after his surprise declaration of martial law Tuesday night that was unanimously rejected by the National Assembly hours later.

"Legally, (the control of military forces) currently lies with the commander in chief," the defense ministry's spokesperson Jeon Ha-kyou said in a regular briefing when asked whether a suspect in an insurrection case can hold such powers.

Han Dong-hoon, leader of the ruling People Power Party, said Sunday that Yoon would step away from state affairs, such as diplomacy, until he leaves office.

When asked by reporters if that also would include Yoon's control over the military, Han said: "I think that would be the same. It would cover diplomatic affairs."

When asked about who could declare martial law in the event of war, Jeon said he understands that the authority remains unchanged.

Vice Defense Minister Kim Seon-ho, who also serves as acting defense minister, said last week that the defense ministry and the military will not obey any orders to enforce martial law should they be issued again.

In a televised public address Saturday, Yoon offered a public apology over causing public concerns due to his martial law order while vowing not to make another attempt to declare it again.

Meanwhile, Jeon said the ministry is working to verify signs that personnel from the military's intelligence command entered the National Election Commission's office in Gwacheon, just south of Seoul, on the night of the martial law declaration.

Local media earlier reported that members of the Korea Defense Intelligence Command filmed the commission's computer servers at the office, raising questions over their motive.

Separately, some troops deployed to the National Assembly defied orders to locate lawmakers and transport them to an unspecified location, issued by Lt. Gen. Yeo In-hyung, head of the Defense Counterintelligence Command, according to a source at the counterintelligence unit.

Martial law soldiers sent to the office of the National Election Commission also did not follow orders by Yeo to secure the election watchdog's computer servers on Tuesday night, it added.

When asked whether the troops were ordered to arrest lawmakers, the source, involved in the unit's operation that night, was unsure whether the orders were to simply locate and transport them or arrest them.

In last week's martial law decree, the military announced a ban on all political activities, outlining that those who violate the decree could be arrested without a warrant.

yunhwanchae@yna.co.kr
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