Former Defense Minister Kim Yong-hyun, currently on criminal trial for insurrection and abuse of power, has been receiving a monthly military pension since January due to a legal loophole, according to Rep. Choo Mi-ae of the main opposition Democratic Party of Korea on Friday.
Kim, physically detained and under investigation for his alleged role in President Yoon Suk Yeol's martial law decree on Dec. 3, applied to resume his pension payments shortly after submitting his resignation on Dec. 4. Yoon's ill-fated martial law declaration lasted just over six hours, and both Yoon and Kim, along with several other military leaders, are accused of giving illegal orders to the military in the process.
South Korea's Military Pension Act states in Article 38-3 that a military pension is to be suspended when the recipient is under criminal investigation for charges that warrant a punishment of physical detention or above. Conviction of such a crime results in pension payments being reduced.
However, the same article states that such a suspension or reduction of pension payments is to be enforced in relation to charges incurred while the person is serving in the military. Kim's alleged acts of insurrection occurred while he was serving as head of the Ministry of National Defense, a civilian post.
"The pension service exists as a social safety net provided by the state as compensation for service and contributions to society ... It is contradictory that those who threatened the security and order of the country, and committed crimes to destroy the state system, can continue to benefit from the pension program," Choo said.
Kim, as a retired Army three-star general, is eligible for a pension of 5.4 million won ($3,680) per month as of 2025 for his service. He had received the pension after retiring in 2017, but payments were temporarily suspended while he served as the chief of the Presidential Security Service and then as defense minister.
minsikyoon@heraldcorp.com
