Ex-Prime Minister Han given 23 years for taking part in insurrection in first martial law verdict

Former Prime Minister Han Duck-soo received a 23-year prison sentence and was taken into custody after a court found him guilty of aiding an insurrection linked to former President Yoon Suk Yeol’s declaration of martial law on Dec. 3, 2024.

Former Prime Minister Han Duck-soo heads to the Seoul Central District Court in southern Seoul on Jan. 21. [NEWS1]

Former Prime Minister Han Duck-soo received a 23-year prison sentence and was taken into custody on Wednesday after a court found him guilty of participating in an insurrection linked to former President Yoon Suk Yeol’s declaration of martial law on Dec. 3, 2024.

The sentence exceeds the 15-year term sought by the special counsel team and marks the court’s first ruling on charges stemming from the martial law declaration.

The ruling is a dramatic coda to a decades-long career in public service for Han, a two-time prime minister under both liberal and conservative governments. The longtime senior civil servant, particularly known for his economic acumen, also served as Korea's minister of finance, its ambassador to the United States and the head of the Korea International Trade Association.

The Seoul Central District Court ruled that the Dec. 3 declaration of martial law constituted an "act of insurrection" and found that Han played a critical role by attempting to give the move procedural legitimacy through a Cabinet meeting.

“The Dec. 3 insurrection amounts to a palace coup led by former President Yoon and his followers,” the court said. “In many cases, such attempts have succeeded and resulted in dictatorship, often plunging societies into irreparable disorder through violations of basic rights. Because the insurrection originated from the top, its level of danger exceeds that of uprisings from below. Existing Supreme Court rulings on insurrection cannot serve as sentencing standards in Han's case."

The court added that Han chose to participate in the insurrection while recognizing the possibility that it could succeed and, in doing so, "disregarded his constitutional duty to safeguard the Constitution."

Former Prime Minister Han Duck-soo attends a first-instance sentencing hearing at the Seoul Central District Court in southern Seoul on Jan. 21. [YONHAP]

“He claimed remorse only in his final statement, but the court does not view it as sincere,” the court said.

The court found Han guilty of performing key duties in the insurrection after prosecutors amended the indictment. The original charge accused Han of aiding former President Yoon.

The court said the offense of insurrection applies only to those who directly take part, such as the ringleader, commanders and others with key roles, and does not treat aiding as a separate offense.

Before assessing Han’s role, the court recognized that former President Yoon’s martial law constituted insurrection.

The court said the declaration of martial law aimed to "paralyze the constitutional order through force and involved the actual use of violence," satisfying the legal requirements for insurrection.

The court also said Han knowingly participated despite understanding the unconstitutionality and illegality of the martial law declaration.

“The court recognizes that Han was aware of the intent to undermine the constitutional order,” the court said. “It was foreseeable that the declaration of martial law would suspend the National Assembly’s authority."

The court found that Han performed key duties by calling for Cabinet deliberation before the declaration and by helping ensure the declaration met procedural requirements. The court cited Han’s failure to summon and notify all Cabinet members and his efforts to persuade ministers to countersign the declaration after martial law ended.

“After recognizing that former President Yoon remained firmly committed to declaring martial law, Han performed key duties by helping formally satisfy the procedural requirements for Cabinet deliberation,” the court said.

Former Prime Minister Han Duck-soo, second from left, attends a first-instance sentencing hearing at the Seoul Central District Court in southern Seoul on Jan. 21. [NEWS1]

The court rejected Han’s claim that he opposed the declaration and tried to dissuade Yoon, saying that "Han did not clearly state opposition to the declaration of martial law."

The court also weighed heavily Han’s discussions with former Interior and Safety Minister Lee Sang-min regarding the implementation of orders to cut electricity and water supplies to media outlets after the declaration of martial law.

“Such actions amount to censorship of the press, which the Constitution absolutely prohibits, and Han would have been aware of this,” the court said.

CCTV footage submitted by the special counsel team showed Han and Lee discussing Yoon’s instructions for about 16 minutes inside the presidential office.

The court also found Han guilty of signing and requesting the disposal of a martial law declaration document issued three days after the declaration, and of giving false testimony before the Constitutional Court during Yoon's impeachment trial, claiming he did not recognize the declaration.

However, the court acquitted Han of charges related to checking the situation at the National Assembly through former People Power Party floor leader Choo Kyung-ho, delaying Cabinet deliberation required to carry out the National Assembly’s request to lift martial law and using an official document containing false information.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom. BY KIM BO-REUM [paik.jihwan@joongang.co,kr]