 Gasps and audible reactions erupt in the courtroom as a 23-year prison sentence is announced. Han Duck-soo is immediately taken into custody in court, in accordance with the ruling. |
A South Korean court has sentenced former Prime Minister Han Duck-soo to 23 years in prison on charges including participation in an insurrection in a key operational role. This marks the first judicial ruling to determine that the December 3 emergency martial law declaration constituted the crime of insurrection under South Korea’s Criminal Act. Han was immediately taken into custody in the courtroom following the verdict.
On January 21, the Seoul Central District Court, Criminal Division 33 (Presiding Judge Lee Jin-kwan) found Han guilty on most of the charges brought against him, including playing a critical role in an insurrection and forgery of official documents, and imposed a sentence of 23 years’ imprisonment.
Han was indicted on August 29 last year for allegedly aiding the ringleader of an insurrection and acting as a key participant, by recommending that then-President Yoon Suk Yeol convene a Cabinet meeting on December 3, 2024, with the aim of lending procedural legitimacy to an unlawful declaration of emergency martial law.
He was also charged with conspiring with former President Yoon and Kang Eui-gu, then head of the Presidential Office’s annex, to conceal the illegality of the martial law declaration. According to prosecutors, Han signed a retroactively fabricated martial law proclamation, later destroyed the document (constituting forgery and use of false official documents), and committed perjury during President Yoon’s impeachment trial by stating, “I truly do not remember when or how I received the martial law proclamation from the president.”
The Special Prosecutor’s Office, led by Cho Eun-seok, had sought a 15-year prison sentence at the conclusion of the trial on November 26. The court ultimately imposed a significantly heavier sentence.
Judge Chokes Back Tears While Citing Citizens’ Courage in Defending Democracy
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| Presiding Judge Lee Jin-kwan appears visibly emotional during the first-instance sentencing hearing of former Prime Minister Han Duck-soo, after stating, “This outcome was made possible by the courage of citizens who confronted armed martial law troops with their bare hands and defended the National Assembly.” (Photo courtesy of the Seoul Central District Court) |
As the court handed down the unusually severe sentence, Presiding Judge Lee Jin-kwan drew attention for an emotional moment during the reading of the verdict. He referred to the “courage of ordinary citizens who confronted armed martial law troops with their bare hands” during the December 3 incident and was visibly moved, briefly unable to continue speaking.
Judge Lee read the prepared judgment in a calm and measured tone throughout the hearing. While explaining the reasoning behind the sentence, he acknowledged arguments made by Han and former President Yoon’s legal teams, noting that no fatalities occurred and that the insurrectionary actions ended within several hours.
He then paused and said, “However,” before continuing:
“That outcome was due above all to the courage of the citizens who stood unarmed against armed martial law forces and protected the National Assembly.”
At this point, Judge Lee struggled to continue for approximately six seconds, visibly holding back tears, before adjusting his glasses and resuming.
He went on to add:
“It was also made possible by the efforts of some politicians who swiftly entered the National Assembly and passed a resolution demanding the lifting of martial law; by soldiers and police officers who, recalling Korea’s painful history of insurrection, resisted unlawful orders—or, where resistance was impossible, complied only passively.”
Judge Lee emphasized the word “some” when referring to politicians, underscoring that responsibility did not lie broadly with all political actors. He concluded emphatically:
“This was never the result of the actions of those who participated in the December 3 insurrection.”
Public Reaction: “Justice Finally Feels Alive”
Viewers watching the sentencing live responded strongly to the moment when Judge Lee briefly lost his composure, expressing empathy and a sense of emotional release.
One online commenter wrote, “Han Duck-soo sentenced to 23 years—I felt tears well up. After enduring so much brutality, this feels like comfort and vindication. Thank you, Judge Lee Jin-kwan.”
An economist wrote on his Facebook:
“When the judge said that there is no such thing as a ‘warning martial law,’ and that it ended quickly only because citizens stopped it with their bare hands, I nearly cried. This is the first time I’ve ever felt that way while watching a court verdict.”
Other social media users echoed similar sentiments, posting comments such as “I felt my nose sting several times listening to Judge Lee read the ruling,” and “This is what a judiciary should look like.”
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