Former Minister of the Interior and Safety Lee Sang-min was sentenced to nine years in prison on appeal on charges including relaying orders for power and water cuts to media outlets during the Dec. 3 martial law. The appellate court upheld the first-instance guilty verdict but accepted the special prosecutor's argument in the rebellion case that the sentence was too light, increasing it by two years.
The Criminal Division 1 of the Seoul High Court (presiding judge Yoon Sung-sik) on the 12th sentenced the former Minister Lee to nine years in prison on charges including engaging in important duties for rebellion and perjury. The first-instance court had sentenced the former Minister Lee to seven years in prison.
The former Minister was arrested and indicted on charges of failing, as Minister of the Interior and Safety—the ministry in charge of martial law—at the time of the Dec. 3, 2024 martial law declaration, to stop former President Yoon Suk-yeol's unconstitutional and unlawful declaration, and of relaying instructions related to power and water cuts targeting specific media outlets to former National Fire Agency Administrator Heo Seok-gon and others.
The appellate court also found the former Minister guilty of engaging in important duties for rebellion regarding plans to blockade key institutions including the National Assembly and orders for power and water cut measures targeting specific media outlets. The court viewed as a key act in carrying out the rebellion the fact that the former Minister told the former Administrator Heo, "If (the police) contact you, cooperate and take appropriate measures."
The court said, "The act of engaging in important duties for rebellion committed by the former Minister was directing the National Fire Agency Administrator, under orders from former President Yoon Suk-yeol, to cooperate in power and water cut measures for media outlets," adding, "It would not only physically make it impossible for media critical of martial law to operate, but also pose a grave danger to the lives and bodies of the public, and is an unlawful act that cannot be permitted even under lawful martial law."
The court continued, "Despite being in a position, as Minister of the Interior and Safety during martial law, to oversee public safety and disaster management, the former Minister unlawfully ordered cooperation with power and water cuts to media outlets," and said, "In light of the former Minister's position, the culpability and blameworthiness of the crime are very grave."
The court found that the former Minister recognized the illegality of martial law yet followed the orders. The court said, "This martial law clearly lacked the necessary requirements and was unlawful, and it appears the former Minister knew this well," adding, "Moreover, from the investigation through the appeal, the former Minister showed an attitude of condoning martial law or consistently sought to shut eyes to and evade legal responsibility."
The fact that power and water cuts to media outlets were not actually carried out was not considered a favorable sentencing factor. The court found that the failure to execute the power and water cuts resulted from the National Fire Agency Administrator relaying the instructions indirectly, not from the former Minister's intent being reflected.
Testimony given during the impeachment trial of the former President Yoon was mostly recognized as perjury. The former Minister was accused of testifying at the Constitutional Court in Feb. last year to the effect that there had never been an attempt to cut electricity or water and that no such order had been received from the former President Yoon. The court found false the former Minister's testimony to the effect that no document ordering power and water cuts had been received and that no instruction to cooperate had been given to the National Fire Agency Administrator.
However, as in the first instance, the court found not guilty the testimony to the effect that the former President Yoon was not seen handing over a document related to martial law to former Deputy Prime Minister for Economic Affairs Choi Sang-mok.
The not-guilty verdict on the charge of abuse of authority to interfere with the exercise of rights was also maintained. The court found it difficult to conclude that the former Administrator Heo actually requested cooperation for power and water cuts from the head of the Seoul Metropolitan Fire and Disaster Headquarters, and found insufficient evidence that frontline fire stations had a readiness posture to respond immediately to police requests. The gist is that the "result of causing someone to do something without a duty," required for the crime of abuse of authority, is not established.
The first-instance court found that, as a member of a rebellion group, even partial participation in the overall act of rebellion incurs liability for participating in rebellion, even if power and water cuts and the like were not ultimately carried out. While maintaining this guilty finding, the appellate court increased the sentence by considering as unfavorable factors that the former Minister directly issued cooperation orders for power and water cuts and repeatedly made the same claims afterward.
In stating the reasons for sentencing, the court said, "From the investigative stage through the appeal, the former Minister consistently showed an attitude that appeared to condone martial law or strove to shut eyes to and evade personal legal responsibility," adding, "Regarding the perjury charge as well, the former Minister waived the right to refuse to testify and actively committed perjury to conceal the substantive truth of the rebellion offenses."
After the sentencing, the former Minister left the courtroom after smiling and nodding toward family members in the gallery.