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Han Duck-soo, former Prime Minister, attends first trial hearing on charges of aiding a rebellion at the Seoul Central District Court on January 21. (Photo: Yonhap News) |
[Alpha Biz= Paul Lee] Former Prime Minister Han Duck-soo was sentenced to 23 years in prison on January 21 by the Seoul Central District Court for aiding rebellion and related charges, marking the judiciary’s first ruling recognizing the December 3, 2024, emergency martial law as an act of treason under the criminal code.
The Criminal Division 33 of the Seoul Central District Court, presided over by Judge Lee Jin-kwan, held a first trial sentencing at 2:00 p.m., finding Han guilty of major rebellion duties and falsification of official documents. The court classified the declaration and subsequent enforcement of the emergency martial law as “rebellion that destroyed constitutional order” and determined that Han, despite serving as Prime Minister, played a key role in its execution. Citing concerns over potential evidence destruction, the court also ordered Han’s detention in court.
Han was indicted on August 29, 2025, for allegedly proposing to convene a Cabinet meeting to former President Yoon Seok-yeol on December 3, 2024, in order to secure procedural legitimacy for the unlawful declaration of emergency martial law.
The court’s ruling defined the declaration of martial law, the occupation of the National Assembly and the National Election Commission, and discussions to cut power and water to certain media outlets as acts of rebellion. “The declaration and proclamation of martial law bypassed procedures set by the Constitution and law, and aimed to forcibly nullify the powers of the National Assembly, legitimate political activity, and freedom of the press,” the court stated. “Since the military and police were mobilized to exert force, these acts constitute a rebellion as defined under criminal law.”
Regarding Han’s charge of participating in a major rebellion task, the court examined his role in convening Cabinet members to meet the quorum prior to the martial law declaration and overseeing formal Cabinet proceedings without substantive deliberation. The court concluded, “The defendant merely expressed concern about the martial law declaration but took no substantial action to oppose or prevent it. Instead, he helped establish the procedural appearance necessary for executing the rebellion.”
The court further noted, “As Prime Minister, entrusted with indirect democratic legitimacy and responsibility, he bore a duty to uphold and implement the Constitution. Yet, fearing the potential success of the December 3 rebellion, he ultimately neglected his obligations and chose to participate as one of its key actors.”
Additionally, the court highlighted Han’s concealment of martial law-related documents, creation and disposal of false official documents to give the appearance of lawful procedure, and perjury before the Constitutional Court, noting these actions as part of his culpability.
알파경제 Paul Lee 특파원(hoondork1977@alphabiz.co.kr)
