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Former National Intelligence Service (NIS) Director Cho Tae-yong enters the Seoul Central District Court in Seocho District, Seoul, on November 11, to attend a hearing on the validity of his arrest warrant over allegations including violating the National Intelligence Service Act, dereliction of duty, and perjury. / Source: Yonhap News

Former National Intelligence Service (NIS) Director Cho Tae-yong was arrested Wednesday on charges of failing to report a planned martial law declaration to the National Assembly and tampering with intelligence records.

Seoul Central District Court Judge Park Jung-ho, who handled the warrant review, issued the arrest warrant, citing “concerns about destruction of evidence.”

Cho, who previously served as South Korea’s ambassador to the United States and national security adviser, is accused of being involved in the overall handling of the situation before and after the December 3 martial law plan.

According to the special investigation team on the insurrection case, Cho learned of the martial law declaration plan from then-President Yoon Suk Yeol at the presidential office in Yongsan on December 3 last year but failed to report it to the National Assembly for more than an hour.

Article 15 of the National Intelligence Service Act stipulates that in the event of a grave national security situation, the NIS director must immediately report it to both the president and the parliamentary intelligence committee.

Investigators also allege that Cho selectively submitted NIS CCTV footage to the National Assembly. Under Article 11 of the NIS Act, NIS officials, including the director, deputy directors, and planning coordination officers, are prohibited from engaging in any political activity.

Furthermore, despite CCTV evidence showing Cho leaving the presidential office on the day of the martial law declaration carrying documents, he allegedly testified falsely before the Constitutional Court and the National Assembly, saying he had “never received any instructions or documents related to martial law” from former President Yoon that day.

During Tuesday’s court hearing on his arrest warrant, Cho reportedly expressed remorse, saying, “I served as ambassador to the United States, national security adviser, and intelligence chief under the president, but I failed to properly assist him. I feel deeply sorry to the people for the situation that has come to this.”