Han Duck-soo, Convicted of Serving a Key Role in Insurrection, Sentenced to 15 Years on Appeal, 8 Years Less Than First Trial

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[Financial News] Former Prime Minister Han Duck-soo, who had been sentenced to prison for allegedly taking part in former President Yoon Suk Yeol's Dec. 3 emergency martial law declaration, received a 15-year prison term on appeal, eight years lighter than the sentence handed down in the first trial.
On the 7th, Criminal Division 12-1 of the Seoul High Court, the panel handling insurrection cases, sentenced Han to 15 years in prison on charges including serving a key role in insurrection. The Special Prosecutor's Office for Insurrection had sought a 23-year sentence.
First, the court upheld the first-trial ruling and found Han guilty of serving a key role in insurrection.
The court said Han had the intent to undermine the constitutional order by helping Yoon carry out the emergency martial law declaration. It cited several grounds, including that Han told former Unification Minister Kim Yung-ho about Yoon's declaration of martial law, that Han received a document containing martial law-related instructions and the proclamation from Yoon before the declaration, and that he appeared to have recognized acts of rebellion such as the blockade of the National Assembly, beyond measures normally taken under emergency martial law.
The court overturned the lower court and found him guilty of pressuring Cabinet members to sign attendance documents in an effort to create the appearance of a Cabinet meeting and lend legitimacy to the emergency martial law declaration.
However, it acquitted him of all charges alleging that he tried to create that appearance through Cabinet members' signatures, that he was supposed to attend an event on behalf of the president, and that he tried to delay the National Assembly's vote to lift martial law through a phone call with former People Power Party floor leader Choo Kyung-ho. The court said that, even after reviewing the evidence submitted by the special prosecution team and the statements of those involved, there was insufficient proof of a crime.
It also ruled that an omission offense related to the appearance of Cabinet deliberation does not stand if the underlying improper omission offense is not established, and found him not guilty. The court vacated the omission offense charges involving a plan to block key government agencies and the shutdown of power and water to certain media outlets, saying those were not charged by the special prosecution and therefore could not be reviewed under the principle of no indictment, no punishment. Meanwhile, a perjury charge that had been found guilty in the first trial, over Han's testimony that he did not see former Defense Minister Kim Yong-hyun hand a document to Lee Sang-min, was overturned on appeal. The court said, "In light of the ordinary meaning and usage of the language, the context before and after the disputed testimony, the purpose of the questioning, and the circumstances under which the testimony was given, it is insufficient to conclude that the statement was false and contrary to his memory."
The court said, "In a series of insurrectionary acts beginning with the unconstitutional and unlawful declaration of emergency martial law, the defendant created the appearance of having gone through a Cabinet meeting, which is a constitutionally required prior procedure, in order to block criticism that the declaration lacked procedural legitimacy." It added, "He discussed and carried out implementation measures with the relevant ministers for one of the follow-up steps to the emergency martial law declaration, namely the order to shut off power and water to a specific media outlet."
It continued, "Insurrection is a grave crime that endangers the existence of the state by destroying its basic institutional order through violent uprising and directly violates the constitutional democratic order itself. In terms of nature and seriousness, it is a crime incomparable to any other. The defendant abandoned the heavy responsibility entrusted to him by his authority and position, and instead sided with the insurrection by trying to give it procedural legitimacy. He later committed acts to conceal his guilt, shifted responsibility away from himself, and made statements that were difficult to accept."
Han had been sentenced in the first trial to 23 years in prison by Criminal Division 33 of the Seoul Central District Court, presided over by Judge Lee Jin-gwan, on charges including serving a key role in insurrection.
Han was indicted for allegedly knowing in advance about Yoon's plan to declare emergency martial law on the night of Dec. 3, 2024, but failing to stop it and instead going along with it. He was also charged with discussing the enforcement of the blockade of the National Assembly and the shutdown of power and water to media outlets with former Interior and Safety Minister Lee Sang-min, drafting and discarding the martial law proclamation after the fact, and perjury before the Constitutional Court of Korea.
The special prosecution team expressed gratitude to the court. Assistant Special Prosecutor Jang Woo-sung told reporters after the ruling, "Although it falls short of the sentence in the lower court, it is still a highly meaningful decision." He added, "We thank the court for its hard work. After reviewing the written judgment, we will decide whether to appeal."
Han's side immediately said it would appeal. His legal team said, "We cannot accept the ruling on the facts or the law, so after consulting with Han Duck-soo, we will move to correct it."
theknight@fnnews.com Jung Kyung-soo Reporter