A South Korean court on Wednesday sentenced former Prime Minister Han Duck-soo to 23 years in prison for his role in an insurrection linked to former President Yoon Suk-yeol’s controversial declaration of martial law in December 2024, marking a historic judgment in one of the country’s most serious constitutional crises in decades.
The Seoul Central District Court ruled that Han played a key part in the events surrounding the declaration, concluding for the first time that the imposition of martial law under those circumstances constituted an act of insurrection. The sentence exceeded the 15-year prison term sought by the special counsel team, although the court acquitted Han on several other charges.
In its ruling, the court said Han had “neglected his duty and responsibility as prime minister,” determining that he believed the insurrection could succeed and deliberately chose to participate rather than oppose or prevent it. Judges emphasized that Han’s actions went beyond passive compliance, finding that he failed to exercise the constitutional obligations expected of the head of government during a national emergency.
“This was not a case of unavoidable acquiescence,” the court said, according to people familiar with the judgment. “The defendant made a conscious decision to align himself with an unconstitutional exercise of power.”
Han, who served as prime minister under Yoon’s administration, becomes the first Cabinet member to be convicted and sentenced in connection with the martial law case. His conviction sets a significant legal precedent, both for its interpretation of martial law as insurrection and for assigning criminal responsibility to senior government officials for failing to uphold democratic safeguards.
The former prime minister had been indicted without being taken into custody and attended the trial as a free man. However, following the sentencing, he was immediately taken into custody inside the courtroom, underscoring the gravity of the court’s decision.
The case stems from former President Yoon Suk-yeol’s declaration of martial law in December 2024, a move that sparked widespread public outrage, political turmoil, and mass demonstrations. Critics at the time accused Yoon of abusing executive power to suppress dissent, while supporters argued the declaration was necessary to restore order. The court’s ruling on Wednesday decisively rejected the latter interpretation, framing the action as an unconstitutional attempt to subvert democratic governance.
Attention is now turning to Yoon himself. The former president is scheduled to receive a ruling on February 19 on charges that he masterminded the insurrection. Legal experts say the conviction of Han could have far-reaching implications for Yoon’s case, as it establishes judicial recognition of the martial law declaration as an insurrection rather than a lawful emergency measure.
Political analysts note that the judgment is likely to deepen divisions within South Korea’s political landscape while also reinforcing the judiciary’s role as a check on executive power. For many observers, the ruling represents a defining moment for South Korean democracy, signaling that even the country’s highest-ranking officials are not above the law.
As the nation awaits the upcoming verdict against the former president, Wednesday’s decision stands as a stark reminder of the consequences of constitutional breaches — and a landmark chapter in South Korea’s modern political history.
By FCCT Editorial Team
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