Ex-PM Han gets 23 years for insurrection

Former Prime Minister Han Duck-soo arrives at the Seoul Central District Court on Jan. 21 for the first-instance verdict hearing on charges including aiding an insurrection leader. / Yonhap

A South Korean court on Tuesday ruled that the Dec. 3 declaration of martial law constituted an “insurrection,” handing former Prime Minister Han Duck-soo a 23-year prison sentence—exceeding prosecutors’ request—in a landmark first-instance verdict.

The Seoul Central District Court’s Criminal Division 33, presided over by Judge Lee Jin-kwan, convicted Han of aiding an insurrection leader, performing key roles in an insurrection, and falsifying and using official documents. The court immediately ordered his detention, citing the risk of evidence destruction. The sentence was significantly higher than the 15 years sought by the special prosecutor.

In its ruling, the court found that the Dec. 3 martial law met all elements of an “uprising” undertaken “with the purpose of subverting the constitutional order,” as defined under Article 87 of the Criminal Act.

The panel said former President Yoon Suk Yeol’s actions—declaring martial law and issuing decrees—were intended to nullify constitutional and legal functions. It added that the mobilization of substantial military and police forces to occupy and restrict access to the National Assembly and the National Election Commission amounted to an uprising severe enough to disrupt public order in a given area.

“The Dec. 3 martial law was an insurrection from above—a palace coup—carried out by a popularly elected authority and his followers,” the court said, warning that such acts inevitably cause massive human and property damage and social turmoil. “If an insurrection succeeds and constitutional order collapses through violence, restoration becomes extraordinarily difficult, making severe punishment unavoidable.”

By rejecting the defense’s claim that martial law was a constitutionally protected act of presidential governance, the ruling is expected to weigh heavily on upcoming trials related to the same events. Legal observers say the court’s determination that the martial law constituted an insurrection could serve as a key benchmark in proceedings against Yoon, who faces allegations as the principal instigator.

ⓒ "젊은 파워, 모바일 넘버원 아시아투데이"