Seoul appeals court reduces former Prime Minister Han Duck-soo's sentence to 15 years in martial law case

A Seoul appeals court has reduced the prison sentence of former Prime Minister Han Duck-soo by eight years, lowering his original term from 23 years to 15 years for his role in the December 2024 martial law declaration. The decision, announced on Thursday in the capital, reflects a judicial assessment that weighs the defendant's institutional history against the specifics of his actions during the crisis.

The presiding judge stated that the court found it difficult to establish evidence showing Han actively conspired in advance or systematically led the insurrection. This finding forms the basis for the leniency, distinguishing the case from that of ex-President Yoon Suk Yeol, who was handed a life sentence in February for masterminding the same event. However, the court maintained that Han had abandoned the grave responsibilities arising from the authority and position entrusted to him by siding with the insurrectionists.

Han Duck-soo, a 76-year-old experienced technocrat who served in senior posts under five presidents, was originally sentenced in January for engaging in insurrection, perjury, and falsifying an official document. The appeals court cited his more than 50 years as a public official prior to the martial law declaration as a significant factor in the reduced penalty. This institutional context suggests the judiciary is distinguishing between high-level administrative failure and active orchestration of the six-hour suspension of civilian government.

Despite the reduced sentence, Han remains imprisoned since his original January verdict. He has denied wrongdoing on all charges except perjury, a stance maintained even after the Constitutional Court overturned his impeachment and restored his powers before he resigned to contest the presidency. His legal team and the court appear to be drawing a line between his failure to prevent the decree and any intent to facilitate it, noting that records make it hard to prove he tried to help the operation.

The ruling highlights the ongoing legal complexity surrounding the December 2024 martial law decree, which plunged South Korea into chaos before being overturned by opposition lawmakers. While ex-President Yoon faces eight separate trials for his role, Han's case underscores a specific judicial interpretation of ministerial responsibility during a constitutional crisis. The court's decision to sentence him to 15 years rather than commute his term entirely indicates that while his specific actions were not deemed as severe as those of the president, his abandonment of duty remains a punishable offence.

Han, who wore a white shirt and dark suit without a tie during the proceedings, listened to the verdict without showing much emotion. His political trajectory, from acting president to a withdrawn presidential candidate, adds a layer of institutional instability to the legal proceedings. The finality of this sentence, barring further appeals, will likely influence how future administrations address the legacy of the martial law declaration and the responsibilities of senior officials during such constitutional emergencies.