'Engaging in Important Duties in Insurrection': Han Duck-soo Sentenced to 15 Years in Second Trial... 8 Years Reduced from First Trial

Some Perjury Charges Overturned on Appeal

Former Prime Minister Han Duck-soo, who was prosecuted for engaging in significant duties related to the December 3 emergency martial law incident, was sentenced to 15 years in prison in his appeal trial. This is a reduction of 8 years from the 23-year sentence he received in the first trial.

Former Prime Minister Han Duck-soo, prosecuted for engaging in significant duties related to the December 3 emergency martial law incident. Photo by Yonhap News Agency

On the morning of May 7, the Seoul High Court's Criminal Division 12-1 (Presiding Judge Lee Seung-cheol) sentenced former Prime Minister Han to 15 years in prison on charges including engaging in significant duties related to insurrection. The court stated, "The defendant engaged in significant duties in the series of insurrectionary acts, including the unconstitutional and illegal proclamation of emergency martial law, by creating the appearance of a Cabinet meeting review to block any dispute over the legitimacy of the martial law, and by enabling the implementation of blackout and water cutoff measures together with relevant ministers."

The court continued, "It has been confirmed that the defendant requested signatures from participants for the purpose of confirming attendance, and by attempting to obtain signatures from Cabinet members who attended the meeting, it can be recognized that he tried to establish legitimacy for the unconstitutional and illegal proclamation of emergency martial law."

He was also found guilty of signing, along with former President Yoon Suk Yeol, former Defense Minister Kim Yong Hyun, and others, a post-proclamation document after the lifting of martial law in order to correct legal defects in the initial proclamation, and then disposing of the document. The court acknowledged that Han signed the document even though he could see that the date on the cover had been backdated to December 3, and later asked the chief secretary to destroy the document. He was also found guilty of perjury for testifying as a witness during the Constitutional Court's impeachment trial of the president in February last year, where he claimed he had never received any documents related to martial law.

The appellate court differed from the first trial in three areas. First, regarding the creation of the appearance of a Cabinet meeting review, the first trial recognized it as an 'offense by omission,' but the appellate court found it did not meet the legal requirements for such an offense and acquitted him on this charge. Second, regarding discussions about implementing blackout and water cutoff orders, the appellate court overturned the first trial's recognition of an offense by omission and, based on the principle of non ultra petita (the court cannot rule on matters not prosecuted), dismissed the charge since the prosecutor had not indicted it. Third, for the perjury charge, the first trial found Han guilty for testifying that he had not witnessed former Minister Kim Yong Hyun handing over documents to former Minister Lee Sang Min, but the appellate court ruled that, given the context at the time, it could not be definitively recognized as a false statement and overturned the ruling.

In explaining the sentencing, the court stated, "As Prime Minister, the defendant was the president's principal aide, the second-highest official in the executive branch, and the chair of the Cabinet meeting, with a duty to assist the president in exercising his powers constitutionally and lawfully, and to restrain and control any misuse of those powers." The court continued, "Nevertheless, he abandoned the grave responsibilities entrusted to him by his authority and position, and instead sided with the insurrection by seeking procedural legitimacy."

However, the court also considered as mitigating factors the lack of evidence that the defendant had engaged in advance conspiracy or played an active or organized leading role in the insurrection, as well as the fact that, after the National Assembly passed a resolution demanding the lifting of martial law, he convened and presided over a Cabinet meeting on behalf of the president and lifted the martial law within approximately six hours."

Previously, in the first trial in January, the court found most of the charges against Han to be guilty and sentenced him to 23 years in prison, which exceeded the 15-year sentence requested by the special prosecutor's team.

This content was produced with the assistance of AI translation services.