Former Prime Minister Han Duck-soo said at the second trial on the charge of aiding the leader of an insurrection on the 13th, "I had no knowledge at all of the martial law plan, and I opposed martial law to former President Yoon Suk-yeol." At the hearing, parts of the presidential office CCTV footage capturing the situation on the day of the Dec. 3 martial law were made public.
The Criminal Agreement Division 33 of the Seoul Central District Court (Presiding Judge Lee Jin-gwan, chief judge) held the second hearing from 10 a.m. that day for former Prime Minister Han, who was indicted without detention on charges including aiding the leader of an insurrection.
The court conducted evidentiary review of the presidential office CCTV footage showing the Cabinet meeting during the Dec. 3 martial law. Granting the special counsel's request, the court allowed a relay of the evidentiary review procedure for the CCTV footage, which is classified as level-3 military secret.
The CCTV submitted that day recorded the movements of former Prime Minister Han from 5:59 p.m. on Dec. 3 last year to 10 a.m. on the 4th. The full video runs about 32 hours, but evidentiary review was conducted on only about 20 minutes of it.
In the released footage, before the proclamation of martial law, former Prime Minister Han is seen briefly talking and waiting with former Unification Minister Kim Young-ho, who arrived first, before entering the president's office at 8:40 p.m. On this, the special counsel said, "This is the scene of former Prime Minister Han telling the former Minister Kim that the president seems to be about to proclaim martial law," adding, "Former Prime Minister Han did not have any conversation from the time he arrived until he entered the large reception room. In other words, it can be said he knew of the president's plan to proclaim martial law before arriving."
Around 9 p.m., Cabinet members including former Prime Minister Han, former Ministry of Foreign Affairs Minister Cho Tae-yul, and former Deputy Prime Minister for Economic Affairs Choi Sang-mok were seen reading a document, and former Prime Minister Han was seen speaking with former Minister of the Interior and Safety Lee Sang-min at the doorway and then putting the document in his back pocket. Around 9:10 p.m., former Prime Minister Han was seen entering the large reception room holding two documents.
The special counsel argued that former Prime Minister Han came out of the president's office holding at least two types of documents, which were a proclamation and a special instruction document. The special counsel continued, "After arriving at the presidential office, former Prime Minister Han learned that martial law would be proclaimed at 10 p.m. without going through Cabinet procedures, and from the proclamation document he received directly and documents handed to other ministers, he learned that after the proclamation of martial law the president would mobilize the military and police to incite a riot."
Also around 9:14 p.m., former Minister of National Defense Kim Yong-hyun was seen spreading four fingers of his right hand and saying something to former Prime Minister Han in the large reception room. The special counsel said, "It meant that four were lacking, excluding the Cabinet members gathered at the presidential office, and it is confirmed that former Prime Minister Han closely consulted with the former Minister Kim to make up the four."
Then, at about 10:18 p.m., just before the proclamation of martial law, former President Yoon spoke to the Cabinet members in the large reception room and stood up, and former Prime Minister Han was seen nodding. When former Minister Kim Yong-hyun, who had left the large reception room with former President Yoon, came back in, former Prime Minister Han was also seen handing over a brown envelope containing documents.
On this, the special counsel said, "The defendant's actions are far different from his claim," adding, "Even though a quorum for the Cabinet meeting was met, there is no confirmation that (former Prime Minister Han) suggested holding a Cabinet meeting or hearing the opinions of Cabinet members. Rather, it is confirmed that he handed related documents to former President Yoon and former Minister Kim and signaled agreement."
In addition, footage was released showing former Prime Minister Han watching as former President Yoon handed a document to former Minister Choi Sang-mok at about 10:32 p.m., and, at about 11:04 p.m., right after the proclamation of martial law, former Prime Minister Han and former Minister of the Interior and Safety Lee Sang-min remaining in the large reception room exchanging documents, pointing to specific sections, and then former Prime Minister Han putting a document in his back pants pocket.
After the evidentiary review ended, the court asked former Prime Minister Han if he had anything to say. Former Prime Minister Han said, "I will consult with my counsel and submit (my views)," adding, "There are parts of what appears in the CCTV that I don't remember, so I will consult with counsel on how to proceed and let you know."
The court then asked, "Martial law in itself carries a high possibility of infringing on the people's lives, safety, and property. In such a state, what measures did the defendant, who was then the prime minister, take for the people?"
Former Prime Minister Han said in response, "I did not know at all about the overall plan," adding, "After first hearing the president, I said martial law would be quite problematic and opposed it." He continued, "I thought it was not appropriate for just a few people gathered there to discuss the matter going forward, and that if more Cabinet members gathered, all would oppose it," adding, "I individually conveyed to the president the opinions of all Cabinet members that 'it needs to be reconsidered' and 'martial law cannot be done.'"
Former Prime Minister Han said, "What is most important is ultimately that I did not know about such an overall plan," adding, "However, I knew from past experience that martial law inflicts tremendous trauma on the people, so it had to be stopped somehow, and the thinking of all Cabinet members was that the martial law proclaimed according to the president's intention should be lifted as quickly as possible." He added, "As with the beginning, the Cabinet meeting to lift (martial law) should be thoroughly prepared so there are no problems and no procedural defects—that is what I and the Cabinet members thought."
When the court asked, "In the process where martial law was actually proclaimed and maintained, and many people confronted armed soldiers to block them, what specific measures did you take?" former Prime Minister Han answered, "I thought the most important thing I could do as a Cabinet member was to state our position through a Cabinet meeting," adding, "For us, it was a situation where we had to do what could be done as Cabinet members."