The letter of accusation(고발장)

▲ 문재인 현직대통령과 송영무 전 국방부장관, 검찰 고발, 고발장을 낭독하는 김영택 회장 / 유튜브 영우방송 캡처
▲ Former Defense Minister Song Jae-in and former Defense Minister Song Young-moon are accused of prosecution for 'crimes
of disturbance and females' / Captured Picture of the Youtube Youngwoo Broadcast

To the Seoul central district prosecutor's office

1. The representative of the Accusers

Kim, Young Taek

Chairman

Patriotic Veterans Association for Save-the-Nation Movement(PAVASAN).

ID Number: 370628-0000000

Address: Room 503 Sungjin Blvd, 7, 14th St. Euljiro, Jung-ku, Seoul, 04550

Tel: 82-10-5228-0000

2. The Accused

1) Moon, Jae In/President of Republic of Korea

Address: 1 Chungwadae St. Jongro-ku, Seoul, 03048

Tel: 82-2-730-5800

2) Song, Young Moo/Minister of Defense of Republic of Korea

Address: 22 E-Taewon St. Yongsan-ku, Seoul, 04383

Tel: 82-2-748-1111

3. The purpose of Accusation

All the accusers accuse both the above accused of the crime of treason. You are requested to investigate and punish severely as per the laws of Republic of Korea.

4. The reason of Accusation

1) The Law to be applied-- Article 102 of the Criminal Code

According to the Article 102 of the Criminal Code, the foreign country or the foreign group which is hostile to Republic of Korea is regarded as an enemy country or enemy group.

The hereditary regime of North Korea over 3 generations has made the violation against the armistice agreement amounting to more than 430,000 times since it was made in July, 1953 and has continuously made many provocations like blowing up Chun-An Ship of South Korea in Yellow Sea, Sea-Battle of Yeonpyung, etc.

In the meantime, in spite of our effort of having given up the policy of developing the nuclear weapons and of having withdrawn the tactical nuclear weapons of US army in order to observe the Declaration of Denuclearization in Korean Peninsula agreed in February, 1992, the hereditary regime of North Korea has deceived Korea and the allied countries for 25 years and has finally declared the completion of development of nuclear weapons both internally and externally after the test launch of the “Whasung-15” missile in November, 2017. Accordingly North Korea is definitely our enemy which is aiming at red-flag unification against South Korea in the rules of Labor Party.

The rules to be applied are

ⓐ Article 66-2 of the Constitution—violation against the duty of the preservation of the national territory

ⓑ Article 69 of the Constitution— violation against the duty of protecting the national security

ⓒ Article 93 of the Criminal Law—to try to collapse Republic of Korea(ROK) together with the enemy

ⓓ Article 96 of the Criminal Law—to destroy or make useless the military defensive facilities in favor of the enemy

ⓔ Article 99 of the Criminal Law—to harm the military advantage of ROK or to provide the enemy with the military merits

ⓕ Article 100,101, 104 of the Criminal Law—the attempted crime or the crime of conspiracy, incision, and propaganda, etc.

2) The facts of the crime

Regarding the implementation agreement on the military issues between

South and North, the accused, Mr. Moon, as a military commander of ROK

ordered another accused, Song Young Moo, the minister of Defense at that

time to sign on the implementation agreement about the military issues

between South and North as per the Panmunjom Declaration.

① The worst problem with the above agreement is that the effect that South

and North should bring the denuclearization in Korean Peninsula to fruition

according to the article 3-4 of Panmunjom Declaration of April 27th, is

never reflected in this agreement. In addition, the general-level meeting

between South and North was performed in private and the consultation

about Declaration to terminate the hostility was proceeded without any

discussion with United Nations Command in advance.

As such, there was not only some defectiveness in the process of consultation but also there are some unfavorable disadvantages with South Korea. For example, to stop the military training in the area of 5 islands along the west-coastline, to prohibit the hostile activities, to allow South and North to fish together, etc. As a result, the peaceful waters area is set up to 85km(Dukjok Island) from NLL line in South side and up to 50km(Cho Island) in North side and as a result our sea area allowed for the peaceful waters is 3 times wider than that of North. This decision is very unfavorable to South Korea.

Consequently both Moon and Song violated against Article 66-2 of the Constitution(the duty of the preservation of the national territory), Article 69 of the Constitution(the duty of protecting the national security), and Article 93 of the Criminal Law(to try to collapse Republic of Korea(ROK) together with the enemy) by giving up the existing borderline in the sea, NLL and by supplying the enemy with the wider sea area by 3 times.

② According to the above agreement, the military training is prohibited in the area of the peaceful sea waters. As a result, Baekryung Island which have played a military and strategic role for attacking/approaching Haejoo area of North Korea like an aircraft carrier does in case of emergency, came to a meaningless and useless defense/attack area. On the contrary, to the enemy it is allowed up to the area of Dukjok Island and the military threat from North Korea against a metropolitan area is on the increase through the infiltration of the disguised guerrillas(wearing South Korean military uniform) by means of armed fishing boats.

In addition, the influence on the landing /take-off of the airplanes at Youngjong International airport, on the entry/departure of the ships at Incheon Port, and on Incheon Power Plant and LNG base was not checked and considered.

Both Moon and Song violated against Article 96 of the Criminal Law(to destroy or make useless the military defensive facilities for the enemy) by doing harm to the military facilities including the self-propelled cannons which are placed at Baekryung Island and violated Article 99 of the Criminal Law(to harm the military advantages of ROK or to provide the enemy with the military merits) by allowing the enemy to approach up to Dukjok Island with ease and increasing the military threat and providing the enemy with the easy invasion on the metropolitan area.

③ The above agreement says that the close air reconnaissance flight at DMZ is prohibited within 40km away from the borderline in eastern area and 20km in western area for both South and North.

The current military deployment situation of South and North at DMZ is as follows;

North Korea deploys an attacking type of artillery organization armed with radial cannons in order to support infantry closely and is placing double the number of divisions of South at the frontier area and has 160 GP’s at DMZ.

On the other hand South Korea deploys a defensive type of organization and 60 GP’s are located at DMZ. In this area the observation with a naked eye is relatively limited and especially at the back of a mountainous region it is impossible to observe the movement of the enemy with a naked eye.

Accordingly to retreat the close air reconnaissance flight is to give up our merits and to make up for the disadvantages of the enemy and this is to violate against Article 99 of the Criminal Law(to harm the military advantages of ROK or to provide the enemy with the military merits)

④ According to the above agreement, each of South and North should withdraw 11 GP’s within the end of this year and eventually should withdraw all GP’s from DMZ completely and then will make DMZ as the Peaceful Park. However, under the circumstance that there is a constant danger of infiltration of guerrillas by 1.2 million of infantry brigade at any time, to withdraw all the GP’s means providing the enemy with the route for easy infiltration. But the control and management of DMZ is by United Nations Command, not by Korean army.

Moreover, it says that the artillery fire drill and the regiment-level maneuver training in the field within 5 km of the borderline is prohibited. However, since the area beyond 5 km of borderline is the residential area of civilians, it is realistically impossible to train, which means that the training should not be made.

This agreement makes the situation of our army and the combined command very unfavorable and makes the infiltration of the enemy very easy and favorable. For this reason, both Moon and Song violate against Article 99 of the Criminal Law(to harm the military advantages of ROK or to provide the enemy with the military merits)

⑤ This agreement says that the squad training of our army and our united training with US army and the matter of strategic enhancement should be discussed with the enemy, North Korea. This has the leakage concern of the secret to the enemy and has the feasibility to damage the alliance between U.S.A. and ROK. For this reason, Moon and Song violate against Article 99 of the Criminal Law(to harm the military advantages of ROK or to provide the enemy with the military merits)

⑥ This agreement guarantee the economic cooperation project for connecting the railroads and roads in east/west coast between South and North Korea from the military standpoint. However, this will cause the leakage with U.N. economic sanction against North Korea and the delay in the denuclearization of North Korea and will subsequently have a great effect on the damage with the alliance between U.S.A. and ROK. This also violates against Article 99 of the Criminal Law(to harm the military advantages of ROK or to provide the enemy with the military merits)

⑦ According to this agreement, it will come into effect from November 1st, 2018. Even if it is abandoned or reserved, even only the current agreement violates against Article 100,101, 104 of the Criminal Law(the attempted crime or the crime of conspiracy, incision, and propaganda, etc).

5. Conclusion

If we summarize the facts of the crimes for the accused, the relevant military

agreement was signed by the defense authorities of South and North as the

attached documents of Pyungyang Declaration as per the instruction of

Moon Jae In and Kim Jeong Eun of South and North Korea on Sept 19,2018.

Both Moon and Song violated against 9 articles of Criminal Law and

Constitution and committed a wide range of crimes as mentioned in the

above. Accordingly regardless of whether it is enforced or not, both the accused, Moon and Song inevitably committed a crime in favor of the invasion from outside. In case of the crime of the foreign invasion, even if the president is in office, he can be prosecuted criminally based on Article 84 of the Constitution.

To this effect, we, the citizens of ROK, Patriotic Veterans Association for Save-the-Nation Movement(PAVASAN) accuse Moon Jae In and Song Young Moo of the crime in favor of the foreign invasion. You are requested to judge them sternly as per the Constitution and the relevant Law.

Representative for the accusers

30th. October. 2018.

Patriotic Veterans Association for Save-the-Nation Movement(PAVASAN).

Chairman

Kim Young Taek

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