The headline ruling

A Seoul court sentenced Han Duck-soo, former Prime Minister, to 23 years in prison for aiding an insurrection and performing key roles in it.

The court ordered immediate detention (taken into custody in court) due to concerns such as evidence tampering.


Why this matters

This is the first judicial ruling against a cabinet-level official charged in connection with the December 3 emergency martial law incident.

The court framed the events as a direct assault on constitutional order, carrying extraordinary gravity.


Court / case

Seoul Central District Court, Criminal Division 33

Presiding Judge: Lee Jin-gwan

Case No.: 2025GoHap1219

Verdict date: January 22, 2026 (sentencing announced January 21)


Core findings

The court held that the Dec. 3 (2024) emergency martial law constituted insurrection aimed at subverting the Constitution.

It described the episode as a “top-down insurrection” led by elected power, characterizing it as a palace-style coup rather than a grassroots uprising.

The damage was assessed as severe:

Erosion of democracy and rule of law

Sharp decline in Korea’s international standing

Economic shock of unprecedented scale



Han Duck-soo’s role (as found by the court)

Aided the ringleader of the insurrection and performed important functions in its execution.

Obstructed truth-finding, including evasive testimony despite objective evidence (e.g., CCTV).

The court said this concealment deepened political polarization and hindered national reconciliation.


Additional criminal findings

Perjury responsibility acknowledged by the court.

The court rejected Han’s claim of sincere remorse, noting that apologies came only at the final statement and lacked credibility.


Context on the insurrection

The court emphasized that the crisis ended without fatalities only because of:

Public resistance that defended the National Assembly

Swift legislative action to lift martial law

Selective or restrained compliance by police faced with unlawful orders



Prosecution vs. sentence

Special prosecutors sought 15 years (Nov. 26, 2025).

The court imposed a significantly harsher sentence: 23 years, underscoring the offense’s magnitude.


Han’s statement

Han said he was shocked when he learned of the plan and claimed he tried—unsuccessfully—to dissuade Yoon Suk-yeol, stating he lacked the power to stop it.


What comes next

As a first-instance judgment, appeals are expected.

The ruling sets a high-stakes precedent for how Korean courts may assess elite responsibility in constitutional crises.

Article: https://www.lawtimes.co.kr/Case-curation/215182