[News Today] “Han helped, not stopped, an insurrection”
[LEAD]
The court's guilty verdict against former Prime Minister Han Duck-soo was based largely on CCTV footage from the presidential office on the day martial law was declared.
Judges concluded that the Cabinet meeting that night was convened not to block the declaration, but to facilitate it.
They also ruled that Han failed to fulfill his duty as prime minister by not clearly opposing the move.
[REPORT]
At around 9:10 p.m. before martial law was declared, former Prime Minister Han Duck-soo exits the president's office, holding two documents on martial law.
He is seen communicating with ex- Defense Minister Kim Yong-hyun making a gesture indicating that four Cabinet members were short of meeting the quorum.
The judges have viewed this video footage as evidence that Han convened a perfunctory Cabinet meeting in order to facilitate an insurrection.
Lee Jin-kwan / Presiding judge, Seoul Central Dist. Court
If Han had intended to dissuade Yoon, he should have held a video Cabinet meeting with all Cabinet members, even in Sejong, in attendance.
But he called in a selection of some members.
As he did not clearly oppose martial law, the bench also accused Han of failing to fulfill what he should have done.
Lee Jin-kwan / Presiding judge, Seoul Central Dist. Court
Han just asserted that he himself had opposed it.
He showed little interest, using his mobile phone, when Choi Sang-mok proposed to persuade.
They also pointed out the prime minister's obligation of abiding by the Constitution.
They noted that Han, having been informed by the president of his plan to impose martial law at around 8:45 p.m., could have known that it would be an insurrection but opted to help with it.
Lee Jin-kwan / Presiding judge, Seoul Central Dist. Court
Han engaged in calling in specific Cabinet members to the president's office, knowing that Yoon was about to declare martial law as a tool for organizing a riot to violate the Constitution.
The judges said that the December 3 emergency martial law is a top-down insurrection and a self-coup and that its unconstitutionality is incomparably greater than a bottom-up insurrection.
Lee Jin-kwan / Presiding judge, Seoul Central Dist. Court
It is acknowledged that if he had fulfilled his duties, he could have easily prevented Yoon's martial law declaration and insurrection.
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