Former Prime Minister Han Duck-soo, accused of engaging in an important martial law mission, attends the first trial sentencing at the Seoul Central District Court on January 21. [Provided by Seoul Central District Court] 

Former Prime Minister Han Duck-soo, who was indicted on charges of participating in the December 3 emergency martial law, received a lighter sentence of 15 years in prison in the second trial, down from the first trial's sentence.

The Seoul High Court's Criminal Division 12-1 (Judges Lee Seung-cheol, Cho Jin-gu, Kim Min-ah) sentenced former Prime Minister Han to 15 years in prison on charges including engaging in an important martial law mission on the 7th. This is 8 years less than the 23-year sentence in the first trial.

The court, as in the first trial, found most of the former prime minister's main charges to be guilty.

However, it considered his contributions to the nation through over 50 years of public service and the fact that he did not actively participate in leading the rebellion as mitigating factors for sentencing.

The court acknowledged the charges of engaging in an important martial law mission by proposing the convening of a cabinet meeting to create the appearance that the December 3, 2024, declaration of emergency martial law was conducted through cabinet deliberation, and by seeking signatures from cabinet members on related documents after the declaration of martial law.

The charges of engaging in an important martial law mission by discussing plans to blockade key institutions and cut off electricity and water to media outlets with former Minister of the Interior and Safety Lee Sang-min were also found guilty.

The charges of forging official documents and violating the Presidential Records Act, by signing a post-hoc declaration document drafted by former Presidential Office Deputy Chief of Staff Kang Ui-gu to supplement the legal deficiencies of the initial martial law declaration after its lifting, along with former President Yoon Suk-yeol and former Minister of National Defense Kim Yong-hyun, and then discarding the document, were also judged guilty.

The court determined that former Prime Minister Han was guilty of perjury for testifying at the Constitutional Court's presidential impeachment trial in February of last year with the implication that he "did not see the martial law declaration."

However, it overturned the first trial's guilty verdict and found him not guilty regarding his statement at the time, "I did not see former Minister Kim give documents related to emergency martial law to former Minister Lee," deeming it not perjury.

Furthermore, the charges of engaging in an important martial law mission through actions such as calling the then-ruling party floor leader Choo Kyung-ho after the declaration of emergency martial law to confirm the situation in the National Assembly and check whether it would be notified, delaying cabinet deliberation on the lifting of martial law, and accepting a directive from former President Yoon Suk-yeol to attend an event that the president was scheduled to attend in his stead, were deemed not guilty, as in the first trial.

The charge of using the forged official document, the 'post-hoc martial law declaration,' was also judged not guilty, similar to the first trial.

Explaining the sentencing background, the court stated, "The defendant's guilt is very heavy, as he abandoned his grave responsibilities associated with his granted authority and position, sided with participating in the rebellion by attempting to establish procedural legitimacy for emergency martial law, and even committed subsequent criminal acts to conceal his guilt."

It continued, "As Prime Minister, the defendant was the president's primary advisor, the second-in-command of the executive branch, and the vice-chairman of the cabinet, the nation's highest policy deliberation body. He had an obligation to assist the president in exercising his authority constitutionally and legally, and to check and control any misuse of power."

The court pointed out, "Furthermore, having been appointed as an administrative official in 1970 and having experienced unconstitutional and illegal emergency martial law measures and rebellion situations in 1972 during his military service and from 1970 to around 1980 while working as an economic official, he was well aware of the widespread damage and chaos, and the severity and gravity of such events."

The court admonished, "Despite this, the defendant repeatedly stated that he 'does not remember due to the shock of emergency martial law,' appeared eager to avoid his responsibility, and made implausible statements. Even considering the defendant's courtroom statement that he feels a heavy sense of responsibility to the nation and history and spends his days in self-reproach, this attitude cannot be excused."

However, the court mentioned as favorable sentencing factors that "although the defendant engaged in an important martial law mission, he has merits for dedicating himself to the nation as a public servant for over 50 years prior to the emergency martial law, and it is difficult to find evidence that he actively participated in pre-meditating or systematically leading the rebellion."

It also added that former Prime Minister Han, upon the National Assembly's resolution to lift emergency martial law, convened and presided over a cabinet meeting on behalf of the president, leading to the lifting of emergency martial law in approximately 6 hours.

Immediately after the sentencing, the special prosecutor's team, led by Jo Eun-seok, told reporters, "While it did not reach the first trial's sentence, we believe it is a significantly meaningful verdict. We will decide whether to appeal after analyzing the judgment."

In contrast, the lawyer for former Prime Minister Han stated, "We cannot accept this in terms of facts or legal grounds. We will appeal to correct it."