The first appeal hearing for former Prime Minister Han Duck-soo, who was sentenced to 23 years in prison at trial court on charges of participating in the Dec. 3 martial-law emergency, opened on the 11th. The special counsel investigating the insurrection case argued that convictions should also be entered on some counts the trial court found not guilty, while Han's side countered that he only tried to dissuade the declaration of martial law and did not participate in any act with the purpose of subverting the constitutional order.
The Criminal Division 12-1 of the Seoul High Court (High Court Judges Lee Seung-cheol, Cho Jin-gu, and Kim Min-a), which exclusively handles insurrection cases, opened the first appeal hearing for Han, who was indicted on charges including engaging in important duties of insurrection, heard both sides' statements of grounds for appeal in the morning, and then moved to witness examination.
Before the hearing, the court granted the special counsel investigating the insurrection case's request to broadcast the proceedings. However, because some witnesses scheduled to appear in the afternoon session requested that the broadcast be disallowed, the court said it would announce whether the afternoon session would be broadcast after hearing from the special counsel and the defendant.
In the morning presentation of appeal grounds, the special counsel argued that the trial court committed factual and legal errors by convicting Han of key charges such as engaging in important duties of insurrection while acquitting him on some counts. The special counsel took issue with the trial court's not-guilty findings on allegations that Han accepted a directive to attend an event that former President Yoon Suk-yeol had been scheduled to attend after the declaration of martial law; that he called then ruling party floor leader Choo Kyung-ho to check the National Assembly's status and review whether a notice to the Assembly would be made; and that he exercised a post hoc martial-law proclamation document as a false official document. The special counsel said, "All counts are sufficiently proven by the submitted evidence," and added, "A guilty verdict should be entered on all counts."
Han's side countered that he only tried to dissuade the former president from declaring martial law and did not participate in a riot with the purpose of subverting the constitutional order. Han's side said, "The former president declared he would unilaterally proclaim martial law to Cabinet members and then did so, despite repeated dissuasion and refusals by Cabinet members." It continued, "We have no intention whatsoever of avoiding responsibility before history for the former president's unconstitutional and unlawful martial law," but added, "However, there was no participation in a riot for the purpose of subverting the constitutional order."
Han's side also argued that the trial court committed factual and legal errors in finding him guilty of engaging in important duties of insurrection on the grounds that he created the appearance of having gone through Cabinet deliberation to justify the former president's declaration of martial law. The argument is that the conduct was only to persuade in a situation where it was difficult to change the former president's obstinacy, and not to confer legitimacy on the declaration of martial law. However, they acknowledged the perjury charge at the Constitutional Court and asked the court to reflect that part in sentencing.
After both sides finished, the special counsel moved to admit as evidence the trial court judgments in the cases charging the former president as ringleader of insurrection and with obstructing arrest, as well as the case charging former Minister of the Interior and Safety Lee Sang-min with engaging in important duties of insurrection, and the court admitted them. The court plans to examine Lee and others as witnesses in the afternoon.
Earlier, the trial court found Han guilty of the main charges and sentenced him to 23 years in prison. According to the special counsel's indictment, Han was charged with failing to stop the president's declaration of martial law. He is also charged with signing a post hoc martial-law proclamation and then destroying it, and with committing perjury when he testified as a witness at the Constitutional Court's presidential impeachment trial in Feb. 2024.