On January 21, the Seoul Central District Court’s Criminal Division 33, led by Chief Judge Lee Jin Kwan, sentenced former Prime Minister Han Duk Soo to 23 years in prison, marking the first treason conviction of a high-ranking official under the Yoon Suk Yeol administration. The ruling is expected to have major implications for the upcoming trial of former President Yoon next month.
The court found Han guilty of “engaging in critical duties related to insurrection” under the Criminal Act. Judges stated that Han, by convening a Cabinet meeting, gave a formal appearance to the declaration of martial law, effectively legitimizing it and ensuring procedural compliance. “He played a substantial role in carrying out the insurrection, which qualifies as engaging in critical duties,” the court said.
While Han expressed concerns about martial law to President Yoon, he did not explicitly oppose it. The court held that, as Prime Minister, Han had the authority to prevent the insurrection but failed to act, citing his compliance with former Minister Lee Sang Min’s orders to cut power and water as evidence of dereliction of duty.
Han was acquitted of charges of “abetting the ringleader of the insurrection,” with the court noting that only leaders, commanders, or those performing critical duties can be punished under the crime of insurrection.
This ruling is the first time the December 3 emergency martial law crisis has been recognized under criminal law as treason, rather than merely a constitutional violation. Previous cases involving former President Yoon and former Defense Intelligence Command chief Noh Sang Won ruled the martial law unconstitutional and illegal, but Han’s conviction marks the first acknowledgment of insurrection as a criminal act.
Han was charged with failing, as Prime Minister during the 2024 martial law declaration, to curb the president’s arbitrary exercise of power and contributing to giving the declaration a formal appearance through the Cabinet meeting.
