Yoon Suk Yeol Acquitted Again on Appeal in Han Duck-soo Trial Perjury Case: "False Testimony Not Proven"

[Financial News] Former President Yoon Suk Yeol, who was indicted for allegedly giving false testimony after appearing as a witness in the trial of former Prime Minister Han Duck-soo on insurrection charges, was acquitted at the appellate trial, following his acquittal in the first trial.
The Seoul High Court Criminal Division 1, presided over by Presiding Judge Yoon Sung-sik, held the appellate sentencing hearing for former President Yoon, who was indicted on perjury charges, on the 16th and dismissed the prosecution's appeal. The first-trial acquittal was upheld.
Yoon was indicted on charges of concealing in court and falsely testifying that there had been a plan to additionally summon Cabinet members to meet the quorum for a Cabinet meeting, even though no such plan existed when then-President Yoon declared emergency martial law on December 3, 2024.
The special counsel's team determined that Yoon had initially intended to summon only six people—then-Prime Minister Han Duck-soo, Minister of Justice Park Sung-jae, Minister of the Interior and Safety Lee Sang-min, Minister of Unification Kim Yung-ho, Minister of Foreign Affairs Cho Tae-yul, and Director of the National Intelligence Service (NIS) Cho Tae-yong—to inform them of the martial-law plan, and had no plan to convene the Cabinet.
The prosecution argued that Yoon's testimony amounted to false testimony. Although he contacted Cabinet members only after hearing Han Duck-soo say, "The declaration of emergency martial law must undergo Cabinet deliberation," Yoon appeared at Han's trial in November last year and answered, "I had planned to gather enough Cabinet members to meet the quorum and hold deliberations before declaring martial law, even before Han Duck-soo made his recommendation."
The first-trial court previously acquitted Yoon, saying it was difficult to conclude that his testimony was false. The court found it highly possible that he had planned to summon Cabinet members regardless of Han's recommendation. The prosecution appealed the ruling and sought a fine of 10 million won.
The appellate court dismissed the prosecution's appeal. It noted, "It is necessary to consider the statements of the former prime minister and ministers, the document prepared in advance for Minister of Economy and Finance Choi Sang-mok before the declaration of emergency martial law, and the time when the executive secretary witnessed Han Duck-soo's remarks in the presidential office."
The court continued, "Based solely on the evidence submitted by the prosecution, it is difficult to conclude that the defendant's testimony—that there had been a plan to convene the Cabinet and summon additional Cabinet members before Han Duck-soo recommended holding a Cabinet meeting—was proven beyond reasonable doubt to be a false statement contrary to his own memory."
The court also found that the acquittal should stand under the relevant legal principles. It explained, "The defendant's testimony concerns an internal or subjective fact—whether he had planned in advance to hold Cabinet deliberations during the process of declaring emergency martial law—and therefore falls within 'testimony concerning facts experienced by the witness,' which is subject to the crime of perjury."
The court ultimately dismissed the appeal, stating, "The lower court's conclusion that the facts alleged in the indictment should result in an acquittal is justified. As the prosecution claims, there is no error that affected the judgment by misapprehending the facts or misunderstanding the law."
[email protected] Lee Chang-hoon Reporter