[News Today] Raising stakes for Yoon Suk Yeol trial

[LEAD]
The court's ruling in the case of former Prime Minister Han Duck-soo marks the first time the December 3 martial law has been defined as an insurrection.

The ruling is expected to directly affect former President Yoon Suk Yeol's trial for leading an insurrection.

[REPORT]
Former President Yoon Suk Yeol has insisted that martial law declared on December 3, 2024 was within his power and a legitimate act of governance aimed at issuing a warning.

Yoon Suk Yeol / Former President (Jan. 13)
Amid parliamentary dictatorship, there was no choice but to sound an alarm to the sovereign people.

However the court overseeing former Prime Minister Han Duck-soo's trial labeled the emergency martial law as an 'insurrection' and a 'self-coup'.

Following an earlier ruling in an obstruction-of-arrest case that recognized the legality of the Corruption Investigation Office for High-Ranking Officials’ investigation, legal experts say the latest ruling is yet another unfavorable factor for Yoon.

The court also took aim at Yoon's claim that martial law was to enlighten the public.

Lee Jin-kwan / Presiding judge, Seoul Central Dist. Court
Some claim martial law as a warning or enlightenment, despite its clear illegality and unconstitutionality.

As this is only the first-trial ruling, it doesn't apply to other courts but observers note it will be difficult to deliver completely opposing conclusions based on the same facts.

If Yoon is found guilty, Han's verdict could also affect the length of Yoon's sentence.

With Han sentenced to 23 years in prison for taking part in an insurrection, Yoon, accused of being the ringleader, could face a much heavier sentence, such as life imprisonment or more.

Kim Kyung-soo / Advisory lawyer for KBS
If a key participant of insurrection received this level of punishment, it's common sense the ringleader would get a harsher sentence.

As soon as the written verdict is released, the special counsel plans to submit it as evidence to the court handling Yoon’s trial.

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