Han Duck-soo, former Prime Minister, who is accused of aiding and abetting insurrection, arrives at the Seoul Central District Court in Seocho-gu, Seoul, on the 27th for a pre-arrest interrogation (warrant review). Yonhap News.

Former Prime Minister Han Duck-soo, who faces charges including aiding and abetting insurrection and perjury, has avoided arrest.

On the 27th, Judge Jung Jae-wook of the Seoul Central District Court, presiding over the warrant review for Han, dismissed the arrest warrant, stating, "There is room for legal dispute regarding the significant factual relations and the legal assessment of the suspect’s series of actions."

Judge Jung further explained, "In light of the evidence secured so far, the progress of the investigation, and the suspect's current status, it is difficult to see any risk of evidence destruction beyond the scope of exercising the right to defense." He also added, "Considering the suspect's background, age, residential and family ties, his attendance throughout the investigative process, and his attitude in giving statements, it is also difficult to conclude there is a risk of flight."

Han is accused of failing to prevent, and instead aiding, former President Yoon Suk-yeol’s illegal declaration of martial law last year, despite serving as the "first state agency" and the "number two in state administration" as Prime Minister.

Under the Constitution and the Government Organization Act, the Prime Minister is tasked with overseeing executive ministries and directing and supervising the heads of administrative agencies under the President's orders.

Proposals for the declaration of martial law by the Minister of National Defense or the Minister of the Interior and Safety are also required to be submitted to the President through the Prime Minister. Furthermore, the Prime Minister serves as the vice-chair of the State Council.

The special counsel team pointed to remarks by former Minister of Government Legislation Yoo Chin-o, who drafted the original Constitution, that the Prime Minister was intended to check the President's abuse of power through parliamentary appointment, arguing that the Prime Minister has a duty to act as a check against such abuses.

The special counsel team contends that despite the Prime Minister's heavy responsibility for overall state operations and martial law declarations, Han failed to actively prevent and instead aided the acts of insurrection arising from the illegal martial law.

Han Duck-soo, former Prime Minister, who is accused of aiding and abetting insurrection, arrives at the Seoul Central District Court in Seocho-gu, Seoul, on the 27th for a pre-arrest interrogation (warrant review). Yonhap News.

In the arrest warrant application, the special counsel team also stated that Han's proposal to convene a State Council meeting prior to the declaration of martial law was not intended to prevent martial law, but rather to create a veneer of procedural legitimacy.

They argued that Han was preoccupied with meeting the quorum of 11 State Council members necessary to open the meeting, while neglecting his duty to ensure proper "deliberation by State Council members."

Han is also accused of drafting and subsequently destroying a post-dated declaration of martial law to address legal defects in the initial version.

The special counsel team believes that on December 5 of last year, after the martial law declaration, Han signed a false martial law declaration document alongside former Defense Minister Kim Yong-hyun, which had been drafted by former Presidential Secretary for Administrative Affairs Kang Gang-gu, and then ordered its destruction, stating, "If it becomes known that this document was created after the fact, it could trigger further controversy."

He is also charged with perjury before the Constitutional Court, having claimed he was "unaware of the martial law declaration document."

During his testimony in the impeachment trial of former President Yoon, Han claimed, "I have no memory of when or how I received it (the martial law declaration document)." However, it is reported that he reversed this statement during an investigation on the 19th, admitting, "I received the declaration document from former President Yoon."

Based on these findings, the special counsel team sought an arrest warrant for Han on charges of aiding and abetting insurrection as a primary leader, perjury, preparation of false official documents, destruction of public records, violation of the Presidential Archives Management Act, and uttering of false official documents.

Special Prosecutor Kim Hyung-soo of the Cho Eun-seok special counsel team, which is investigating the martial law case, enters the Seoul Central District Court in Seocho-gu, Seoul, on the 27th to attend the pre-arrest interrogation of former Prime Minister Han Duck-soo. Yonhap News.

However, Han's side maintains that the core charges are invalid.

It is reported that he denied most of the allegations during the hearing, with the exception of the perjury charges.

Han has claimed that he made efforts to prevent the declaration of martial law, but that the President’s will was too strong to oppose, and that his convening of the State Council was intended to dissuade the President.

His side also argues that since the post-dated declaration document was destroyed immediately after being drafted, it cannot be viewed as an attempt to legalize the declaration, and that there is little risk of evidence destruction as the main participants, including former President Yoon, are already in custody.

During the hearing, the special counsel team made an all-out effort to prove the charges and the necessity of detention, presenting a 54-page arrest warrant application, a 362-page written opinion, 160 slides of PPT materials, and CCTV footage.

However, after weighing the arguments from both sides, the court dismissed the warrant, finding that the evidence provided by the special counsel team was insufficient to establish the necessity of detention.

With the dismissal of the arrest warrant, setbacks in the special counsel team's investigation are expected. Since the court has essentially determined that the charges of aiding and abetting insurrection have not been sufficiently substantiated, the application of charges against other State Council members may also require re-examination.

For charges of aiding and abetting (accomplice liability), the key factor is whether the individual supported or assisted the execution of illegal acts by the principal offender. To establish this charge, the court evaluates both objective factors—whether the act of support or assistance occurred—and subjective factors—whether there was intent to do so.

Based on the arguments presented by Han’s side, it appears the court was not convinced that his actions and intent—as understood so far—form the necessary elements of the crime, thus finding room for dispute.

The special counsel team plans to review the reasons for the dismissal before deciding whether to request the warrant again.

Yonhap News