Ex-prime minister gets 23 years for insurrection

A South Korean court on Thursday sentenced former Prime Minister Han Duck-soo to 23 years in prison and ordered his immediate detention for assisting former President Yoon Suk Yeol in declaring martial law on Dec. 3. The ruling marked the judiciary’s first determination that the declaration of martial law and the issuance of related decrees constituted an act of insurrection.

The Seoul Central District Court’s Criminal Division 33, presided over by Judge Lee Jin-kwan, said on Jan. 21 that the Dec. 3 incident amounted to “an insurrection from above, or a palace coup,” carried out by Yoon, a leader elected by the people, and his followers. The court said Han chose to participate in the insurrection while abandoning his official duties and responsibilities, believing the attempt could succeed. Citing concerns over the possible destruction of evidence, the court ordered Han taken into custody immediately after sentencing.

“The unconstitutionality of the Dec. 3 insurrection cannot be compared to an insurrection from below,” the court said. “When a power holder elected by the people commits acts of insurrection, it shakes the very foundation of faith in democracy and the rule of law.” The court said this justified a sentence heavier than the 15-year prison term sought by Special Prosecutor Cho Eun-suk, who argued the crime merited harsher punishment than the insurrection convictions of former Presidents Chun Doo-hwan and Roh Tae-woo. The court added that while no deaths occurred and the insurrection lasted only a few hours, this outcome was due to the courage of citizens who defended the National Assembly by confronting armed soldiers with their bare hands. It said the lack of casualties and the brief duration could not be considered mitigating factors. Han said only that he would “humbly accept the court’s decision.”

On the question of whether the declaration of martial law constituted an insurrection, the court said Yoon Suk Yeol and Kim Yong-hyun, the former defense minister, issued the proclamation with the intent to undermine the constitutional order. The court said they mobilized large numbers of military and police personnel to occupy the National Assembly and other key sites, restricting access and exercising force sufficient to disrupt public peace in specific areas. Regarding Han’s role in convening a Cabinet meeting to give the declaration an appearance of legitimacy, the court said he was aware of Yoon’s firm intent and agreed with its necessity. It said Han formally met procedural requirements for the meeting and played a key role in executing the insurrection. The court added that instead of uncovering the truth behind the Dec. 3 events, Han concealed the martial law declaration, drafted false official documents to make it appear lawful, and committed perjury before the Constitutional Court.

The court found Han guilty on all charges, including performing key duties in an insurrection, forging official documents related to the post hoc drafting of the martial law proclamation, violating the Presidential Records Management Act, damaging official documents, and committing perjury by falsely testifying before the Constitutional Court during Yoon’s impeachment trial that he had been unaware of the martial law proclamation.

In response to the ruling, the Democratic Party of Korea called the verdict “an inevitable outcome before history.” The People Power Party said it hoped a final judgment would be reached in accordance with the Constitution and the law.


송혜미 기자 1am@donga.com