The appeals panel that will hear former President Yoon Suk-yeol's case over obstruction of arrest has been assigned to Criminal Division 1 of the Seoul High Court, which specializes in insurrection cases. As the dedicated appeals panels for the Dec. 3 martial law incident began full operations on the 23rd, Yoon's separate second-instance case was the first to be placed with the specialized panel. The appeal in the insurrection ringleader case is also highly likely to be assigned to the same specialized panel as soon as it is filed with the Seoul High Court.
According to legal sources on the 23rd, the Seoul High Court on this day assigned Yoon's case on charges including obstruction of special official duties and abuse of power to interfere with the exercise of rights to Criminal Division 1 (presiding judge Senior Judge Yoon Sung-sik). Criminal Division 1 will hear the case together with High Court Judges Min Sung-chul and Lee Dong-hyun. The Seoul High Court's Criminal Divisions 1 and 12 are specialized insurrection panels handling insurrection, treason, rebellion, and related cases.
The case assigned to Criminal Division 1 this time is separate from the insurrection ringleader case and contests allegations including obstruction of the CIO's execution of an arrest and an attempt to give the appearance of a Cabinet meeting by convening only some Cabinet members at the time martial law was declared. The first-instance court found these key charges proven and sentenced the former president to five years in prison.
Meanwhile, the case of former Prime Minister Han Duck-soo, who was sentenced at first instance to 23 years in prison on charges including engagement in important duties related to insurrection in connection with the Dec. 3 martial law incident, was assigned to Criminal Division 12-1 (presiding High Court Judge Lee Seung-chul). Criminal Division 12-1 will hear the case as a coequal panel with High Court Judges Cho Jin-gu and Kim Min-a. A "coequal panel" refers to a bench where deliberations and decisions are made in a structure of equality among panel members rather than being centered on a particular senior judge.
Meanwhile, regarding what could be called the "main stream" insurrection ringleader charge connected to the Dec. 3 martial law, neither the former president's side nor the special counsel has yet filed a notice of appeal. However, the dominant view in the legal community is that an appeal is highly likely.
Accordingly, attention is also focusing on how the high court's specialized panel will examine the insurrection ringleader case. In legal circles, among the key issues on appeal are the timing of the plotting and preparation of martial law and the evidentiary value of the so-called "Noh Sang-won notebook." The special counsel argues, based on notebooks kept by former Defense Intelligence Commander Noh Sang-won, that the former president had been preparing for martial law at least a year in advance and had a plan with long-term dictatorship in mind, and, through an amendment to the indictment, moved the alleged plotting period up from March 2024 to October 2023.
The special counsel views the alignment between names such as "Yeo In-hyung" and "Park An-su" written in the notebook and the October 2023 military personnel outcomes, as well as phrases like "constitutional amendment (reelection to three terms)," as indicating a blueprint for prolonged rule. In contrast, the first trial court did not accept the special counsel's assertion, noting it is difficult to fix the exact time the notebook was written and that it cannot exclude the possibility that the entries were made after the military personnel changes. The court also cited as a basis the circumstances in which the notebook was found on a desk during the search and seizure at the former commander Noh's mother's residence on Dec. 15, 2024.
These factual findings also intersect with the sentencing assessment. Despite the special counsel's demand for the death penalty, the court sentenced the former president to life imprisonment, taking into account as mitigating factors that "it does not appear the plan was devised very meticulously, and most of the plans ended in failure." While the special counsel called the ruling on the day of the first-instance verdict a "meaningful decision," it expressed disappointment with the sentence and some factual findings. Legal circles expect the appeal to focus on the timing of the martial law preparations, the evidentiary value of the Noh Sang-won notebook, and the sentencing assessment. The former president's side and the special counsel are expected to file their notices of appeal within this week.