There has been a claim that the Defense Counterintelligence Command of the Republic of Korea Armed Forces, which was identified as one of the leading forces behind the December 3 martial law rebellion, had multiple instances of refusing to follow orders from higher authorities on the day of the emergency martial law declaration.

On December 9, Democratic Party of Korea lawmaker Lee Ki Heon issued a press release, stating, "On the night of the 3rd, there were defense counterintelligence officers and unit members who disobeyed martial law orders in various ways."

Lee Ki Heon claimed, "Brigadier General ‘A,’ the head of the Defense Counterintelligence Command's investigation unit, gathered about 100 investigators before President Yoon's martial law declaration and delivered a mission to enter the National Election Commission (NEC). When Major ‘B’ expressed disbelief, Brigadier General ‘A’ brutally assaulted him, then forcibly put him on a bus and ordered him to be dispatched to the NEC to secure the server." He further asserted, "Brigadier General ‘A’ also hurled abusive language at unit members who did not actively carry out the mission, pressuring them to act."

According to Lee Ji Heon, "At the time, the unit members were suddenly called in and did not even know where they were being dispatched to. After arriving at the NEC, they considered the investigation unit chief’s order to enter the NEC as an illegal order. They reportedly stalled for time by eating ramen at a nearby convenience store. During this delay, the National Assembly passed a resolution demanding the cancellation of martial law."

Although the Defense Counterintelligence Command did enter the NEC on the day of the emergency martial law, Lee Ji Heon argued that the absence of items, including the server, being removed from the NEC—despite the entry by martial law troops and police—"can be interpreted as the result of the passive actions of unit members who effectively refused orders from higher authorities." It has been confirmed that the soldiers who entered the NEC and took photos of the server were colonels from the HID (Hostile Intelligence Detachment) unit of the Military Intelligence Command.

Lee Ki Heon further noted that other cases of disobedience were reported. He stated, "There have been ongoing reports of martial law disobedience cases, such as a Counterintelligence Command major who was assaulted after refusing an order to deploy at the National Assembly, a Counterintelligence Command officer who received an order to deploy to the NEC but deemed it an unlawful command and returned after turning the car around at the Uiwang rest area, and a department head of the Joint Investigation Headquarters who, after the National Assembly passed the resolution to cancel martial law, did not report it to the commander and instead ordered the full withdrawal of all investigation unit members."

When asked about the allegations raised by lawmaker Lee Ki Heon, the Counterintelligence Command told The Hankyoreh, "For now, we have no plans to provide clarification or release a position regarding media reports," adding, "The matter will be revealed through an investigation."

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