Did Yoon send drones to North to support martial law bid? What we learned so far

The president orders drone flights into enemy airspace to trigger a military confrontation for his political ends; what initially sounded to be a far-fetched accusation inspired by a spy-action movie is gaining credibility in the insurrection trial of ex-President Yoon Suk Yeol.

The special counsel team — led by Cho Eun-suk and investigating Yoon's criminal charges related to his Dec. 3 martial law declaration — believes that South Korean military's drone operations in North Korea in 2024 were not authorized by the Joint Chiefs of Staff, the body that normally approves such actions.

Media reports said Tuesday, citing the prosecution’s arraignment, that the operation was reported directly to Kim Yong-hyun, then head of the Presidential Security Service, bypassing the JCS. Yoon and Kim deny this.

Kim allegedly called drone operations commander Kim Yong-dae on May 31 about the drone and asked if it was possible for it to drop something. He had received reports about the drone operations since June, while JCS was left in the dark, which he told Kim was "under orders from the higher-up, do not tell the JCS or the Defense Ministry."

Following Kim Yong-hyun's directive, the operations commander repurposed the drones to distribute anti-Pyongyang leaflets, according to the arraignment.

Lee Seung-oh, then chief of the JCS, reportedly learned of the secret operation only after Kim Yong-hyun had taken over as defense minister on Sept. 6. Lee testified in the trial that he advised the minister not to pursue the operation, saying it was a dangerous violation of the Korean War Armistice Agreement.

According to the prosecution, Kim responded by telling him the operation was "necessary."

The drone operation was brought to light when North Korea on Oct. 11 claimed to have detected South Korean drones flying over Pyongyang at night multiple times to drop leaflets against the Kim Jong-un regime.

North Korea, which sent drones across the border in 2022 and balloons carrying garbage throughout 2024, accused South Korea of violating international law and its sovereign rights, vowing retaliation if the drones are found again in its territory.

South Korea does not recognize North Korea as an official state, as its Constitution defines the entire Korean Peninsula as its territory. But the two Koreas are recognized internationally as separate states by most of the global community, and has maintained an on-again, off-again relations ranging from hostile to amicable since the first-ever inter-Korea summit in 2000.

Two days after the North's statement, Seoul's Defense Ministry released a counterstatement that "threatening the safety of our people would mean the end of the North Korean regime."

The special counsel concluded in the arraignment that former Defense Minister Kim and then-Army Counterintelligence Commander Yeo In-hyeong sought to invoke military actions from the North by offending its leadership, thus creating a security crisis that would justify an emergency martial law.

Yoon declared martial law on Dec. 3. No significant North Korean military activity preceded it.

Yoon, Kim and Yeo are defendants in the ongoing trial for insurrection charges, with Yoon having been impeached over his martial law declaration.

The special counsel believes that the former defense minister and generals related to both the drone operation and the martial law were under orders from Yoon himself.

The drones were sent specifically to places that hold significant meaning to the North Korean regime, including Kim Jong-un's hometown of Wonsan, the city of Kaesong that is close to Seoul and has an industrial complex that once hosted South Korean manufacturers, and the city of Sinpo that holds key facilities related to Pyongyang's missile programs.

Personal memos found on Yeo's phone included, "We need to create unstable situation or make best of the chances that are given," "We must target (a spot) where they will lose face and have no choice but to react."

On Oct. 15, Kim Yong-hyun ordered Kim Yong-dae, the drone commander, to send drones "once every two days," according to the special counsel.

The special counsel argues that Yoon, reeling from a series of controversies and election losses, sought to turn things around by declaring the country's first martial law in over four decades.

Yoon's side has claimed that the drone operation was a justifiable military operation in light of North Korea sending garbage-filled balloons across the inter-Korea border. They also denied that the presidential office received reports that bypassed the JCS, claiming that the drone operation was reviewed under the normal military chain of command.

The special counsel alleges that Yoon started preparing for the martial law months in advance, and replaced then-Defense Minister Shin Won-sik with his close confidant Kim Yong-hyun when Shin opposed his plans.

It also claims Kim Yong-dae's appointment as a major general to take charge of the drone command was highly irregular.

According to the arraignment for the insurrection trial, Kim was not one of the five candidates recommended to then-Army Chief of Staff Park An-su last year. Kim had been promoted to the rank of brigadier general just a year before, in 2023, and did not have credentials related to drones.

But Park ordered his officials to consider promoting Kim to the drone commander role, after meeting Yeo in March that year. The personnel officials of the Army opposed the appointment, but Park pushed ahead anyway.

Kim Yong-hyun also called both Yeo and Park on March 15, after the meeting between the two generals, which is suspected to be linked to Kim's selection as drone operations commander.

In indicting Yoon, Kim and other generals for insurrection, Cho's special counsel said that the drone operation increased the risk of military conflict between the Koreas, inflicted diplomatic damage to South Korea by violating the Armistice Agreement, and potentially leaked military secrets via the drones.