South Korea court cuts former PM Han Duck-soo’s jail sentence over martial law role

A South Korean appeals court on Thursday reduced former Prime Minister Han Duck-soo’s prison sentence from 23 years to 15 years over his role in ex-President Yoon Suk Yeol’s brief imposition of martial law in 2024.

While reducing the sentence, the court upheld the lower court’s central finding that Han, as the second-highest official in the executive branch, carried out key administrative acts that helped Yoon implement the illegal declaration of martial law and failed in his constitutional duty to dissuade the president.

The 76-year-old former premier was found to have convened a late-night cabinet meeting to facilitate the legal and administrative procedures required to impose martial law. The lead judge rejected the defence’s argument that the meeting had been intended to delay or obstruct Yoon’s directives.

The court also highlighted evidence concerning plans to suppress the media. Judges ruled that Han was aware of a contingency plan by the former safety minister to cut power and water supplies to selected media organisations during the martial law period, but took no action to stop it.

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“The defendant, as prime minister, had the responsibility to curb and control the president’s wrongful execution of his power and help him legally exercise his authority,” the lead judge said in remarks read in court. “But he abandoned the enormous duty and joined the side participating in insurrection. He committed crimes afterwards to cover up his guilt, so his crime is grave.”

Alongside the main insurrection charges, the appeals court also found Han guilty of falsifying a presidential document and committing perjury during subsequent national inquiries.

Sentence reduced on mitigating factors

The court said the reduced sentence reflected several mitigating factors, including Han’s five decades in public service. Judges cited his senior roles at the finance and foreign ministries before he became prime minister.

The judge also said prosecutors had failed to prove that Han was a leading architect or active participant in Yoon’s original plan to seize power.

The court noted that Han’s actions changed as the crisis developed. Hours after the declaration, as thousands of protesters gathered in the streets and parliament voted to overturn the decree despite the presence of troops, Han convened the second cabinet meeting required to rescind martial law.

The lower court had taken a tougher stance in its January ruling, sentencing Han to 23 years in prison. It said he had deliberately “turned a blind eye” to the martial law plan and played a key role in the insurrection.

Prosecutors had initially sought a 15-year sentence before the first ruling, but later moved to uphold the 23-year term during the appeal process.

Han to appeal to Supreme Court

Throughout the legal proceedings, Han denied wrongdoing on all charges except perjury. Speaking in court in November, he said he regretted failing to stop Yoon from declaring martial law but “never agreed to it or tried to help.”

After Thursday’s ruling, Han’s lawyers confirmed they would appeal to South Korea’s Supreme Court.

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Han’s case is part of the wider legal fallout from the 2024 crisis, which pushed South Korean democracy to the brink.

Former president Yoon Suk Yeol is facing eight separate criminal trials linked to the martial law declaration. He has already been sentenced to life imprisonment on the most serious charge of leading a violent insurrection.

Like Han, Yoon has denied wrongdoing, arguing that his actions were necessary for national security — a defence rejected by the courts.

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