The court has sentenced former Prime Minister Han Duk Soo to 23 years in prison. Han was charged with “engaging in critical duties related to insurrection.”
On January 21, the Seoul Central District Court’s Criminal Division 33, presided over by Chief Judge Lee Jin Kwan, handed Han Duk Soo a 23-year prison sentence.
This marks the first case in which a high-ranking official of the Yoon Suk Yeol administration has been convicted of treason. The ruling is expected to significantly impact the first trial of former President Yoon, scheduled for next month.
In the sentencing hearing, the court found Han Duk Soo guilty of “engaging in critical duties related to insurrection” under the Criminal Act. The judges stated, “Former Prime Minister Han effectively convened the Cabinet meeting, giving it a formal appearance, thereby legitimizing the declaration of martial law and ensuring procedural conformity.”
The court added, “He played a substantial role in carrying out the insurrection, which qualifies as engaging in critical duties.”
The judges also noted that while Han Duk Soo expressed concerns about the martial law to President Yoon, he did not explicitly oppose it.
The court held that, as Prime Minister, Han Duk Soo could have prevented the insurrection had he fulfilled his duties, establishing liability for inaction. In particular, the court cited his acceptance of former Minister Lee Sang Min’s orders to cut power and water as evidence of this dereliction of duty.
However, Han Duk Soo was acquitted of charges of “abetting the ringleader of the insurrection.” The court explained, “Within the crime of insurrection, only leaders, commanders, or those performing critical duties can be punished; the legal provision for abettors does not apply.”
This ruling is the first time the December 3 emergency martial law crisis has been deemed, under criminal law, to constitute treason rather than merely a constitutional violation.
Previously, courts had ruled the martial law unconstitutional and illegal in cases involving former President Yoon and former Defense Intelligence Command chief Noh Sang Won, but this is the first conviction directly recognizing the crime of insurrection.
Han was charged with, as Prime Minister during the 2024 martial law declaration, failing to curb the president’s arbitrary exercise of power and contributing to giving the declaration a formal appearance through the Cabinet meeting.
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