In a landmark ruling, former South Korean Prime Minister Han Duck-soo was sentenced to 23 years in prison after his involvement in the 2024 imposition of martial law was deemed an act of rebellion. The Seoul Central District Court’s decision exceeded the 15-year sentence initially sought by prosecutors, marking a significant moment in South Korea’s legal and political landscape. This case is the first instance of a senior official from the former Yoon administration being convicted of rebellion, highlighting the gravity of the charges brought against Han.
The court found that the acts tied to the martial law declaration in December 2024 constituted a rebellion against the constitutional framework. Under Article 87 of the Criminal Act, insurrection involves actions that aim to dismantle state authority or destabilize the constitutional order to any extent. Han’s orchestration of a crucial Cabinet Council meeting lent procedural validity to what was ruled an unconstitutional decree. Judge Lee Jin-gwan emphasized that such actions risked regressing the nation into a period where basic rights and democratic governance were severely compromised.
During this meeting, Han was alleged to have actively coordinated the process, ensuring a quorum with gestures that signaled the minimum number of ministers’ attendance required to formalize the martial law declaration. Han, however, has consistently argued against these accusations, maintaining that he opposed the martial law plan and worked to prevent its implementation. Despite these claims, the evidence presented was sufficient for the court to reject his defense and proceed with sentencing.
The declaration of martial law by former President Yoon Suk Yeol on December 3, 2024, set the stage for the rebellion cases currently under judicial scrutiny. Following the declaration, Han temporarily stepped into the role of Acting President after Yoon faced an impeachment resolution from the National Assembly. However, Han’s tenure was short-lived, ending with his own impeachment amid the growing accusations linked to the martial law actions. The full details of Han’s conviction were discussed in JURIST.
The court’s decision is expected to influence forthcoming trials related to the December 2024 martial law events, including the pending rebellion charges against former President Yoon Suk Yeol, for whom prosecutors are seeking the death penalty. The verdict against Han serves as a legal benchmark, setting a precedent for how other related cases might unfold.
This series of trials reflects South Korea’s commitment to upholding democratic principles and constitutional integrity, even as the nation grapples with the political and legal ramifications of the martial law crisis.