'50 years of public service' saves Han Duck-soo's 8 years in prison

A higher court reduced the prison sentence for former Prime Minister Han Duck-soo's involvement in a botched martial law, declared on Dec. 3, 2024, based on his "50 years of service to the public and passive role in the insurrection."

Han, who was indicted on charges of participating in former President Yoon's martial law, was sentenced to 15 years in prison in an appeals trial on Thursday. Major charges, including engaging in key tasks related to insurrection, were upheld, but the sentence was reduced from the initial 23-year prison term handed down in the first trial.

According to the Seoul High Court, Han received a draft of the public address and martial law decree from former President Yoon Seok Yeol around 8:45 p.m. on the day martial law was declared at the presidential office, and also received remarks indicating that Yoon intended to proclaim martial law.

“The defendant recognized that the declaration was unconstitutional and illegal, yet proposed and convened a Cabinet meeting to create the appearance of procedural legitimacy,” the court said.

The court also rejected Han’s claim that he attempted to dissuade Yoon from declaring martial law.

“Other than securing a quorum for the Cabinet meeting, the defendant failed to take substantive measures for the operation of the meeting, such as encouraging ministers to express opposition,” the court said. “Even in situations where officials actively tried to stop the declaration of martial law, the defendant did not meaningfully express any opinion.”

Han also failed to explain the situation to ministers who arrived late or asked Yoon to do so, according to the court.

The court additionally recognized allegations that Han discussed plans with former Interior Minister Lee Sang-min regarding a blockade of the National Assembly and the suspension of electricity and water supply to media outlets.

“The defendant, who was in a position overseeing administrative ministries, contributed to the execution of insurrection by discussing and inspecting instructions issued by former President Yoon and encouraging that they be implemented without disruption,” the court said.

The appeals court upheld guilty verdicts on charges that Han signed a revised martial law proclamation after the fact to conceal procedural flaws in the declaration, destroyed the proclamation document and gave false testimony during Yoon’s impeachment trial by claiming he "was not aware of" the martial law document.

Unlike the lower court, which partially viewed the creation of the appearance of Cabinet deliberation as a crime of omission of duties, the appeals court did not accept that interpretation, though it said the change did not affect the guilty verdict.

The court overturned one perjury-related conviction and ruled not guilty on Han’s testimony that he did not witness former Defense Minister Kim Yong-hyun handing documents to former Interior Minister Lee, saying the statement could not definitively be judged false in context.

“As prime minister, the defendant served as the president’s top aide, the No. 2 figure in the administration and vice chair of the Cabinet, and therefore had a duty to assist in ensuring presidential authority was exercised constitutionally and legally and to check and control abuses of power," said the court.

“Since being appointed as an administrative official in 1970, the defendant experienced unconstitutional and illegal martial law measures and insurrections during the 1970s and 1980s and was fully aware of the extensive damage such events could cause," the court continued. “Nevertheless, the defendant abandoned the grave responsibilities attached to his authority and position, sided with those participating in insurrection and even committed crimes afterward, making his culpability severe."

Still, the court considered mitigating factors, including Han’s 50 years of public service, the fact that he did not actively participate in the insurrection beforehand and that he presided over the Cabinet meeting that lifted martial law.

Thursday’s ruling marked the first appeals court judgment involving a Cabinet member charged with engaging in key tasks related to insurrection.

The appeals ruling for former Interior Minister Lee, who was sentenced to seven years in prison in the first trial on charges including cutting electricity and water service to media outlets, is scheduled for Tuesday. Former Justice Minister Park Sung-jae, for whom prosecutors sought a 20-year prison sentence, is set to receive a first-trial ruling on June 9.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.

BY HAN CHAN-WOO [yoon.soyeon@joongang.co.kr]