The insurrection special counsel (Special Prosecutor Cho Eun-seok) sought a 23-year prison sentence for former Prime Minister Han Duck-soo, who was indicted on charges including engaging in key duties during an insurrection. In the first trial, the special counsel had sought 15 years in prison, but the court handed down a heavier sentence of 23 years, and the prosecution's request is interpreted as seeking to maintain the original sentence in the appeal.
At the closing arguments held on Wednesday before the 12-1 Criminal Division of the Seoul High Court (Presiding Judge Lee Seung-chul), the special counsel stated, "We ask the court to overturn the acquitted portions of the first trial verdict and uphold the 23-year prison term." The special counsel noted, "The defendant continues to deny the charges or claims not to remember, the same attitude as in the first trial." The prosecution added, "Even after the presidential impeachment motion, the defendant prioritized partisan interests over national stability, causing a constitutional crisis including the failure to appoint Constitutional Court justices, deepening national division." The special counsel emphasized, "The 23-year sentence from the first trial is a punishment befitting the defendant's criminal liability."
Han was indicted for failing to prevent and effectively abetting former President Yoon Suk-yeol's unlawful declaration of emergency martial law in his capacity as prime minister, who serves as vice chairman of the State Council. He also faces charges of drafting a retroactive martial law proclamation to address legal deficiencies found in the original proclamation and subsequently destroying it. Additionally, he is accused of perjury for falsely testifying during Yoon's impeachment trial that he had not been aware of the martial law proclamation.
The first trial court found most of the charges guilty and sentenced Han to 23 years in prison. This exceeds the 22-year and six-month sentence given to former President Roh Tae-woo in his first trial for engaging in key duties during an insurrection related to the December 12 military mutiny. The court at the time stated, "When determining sentences for insurrection participants, the fact that the damage was minor or that martial law lasted only a short time cannot be considered as mitigating factors."
Meanwhile, the special counsel also sought a five-year prison sentence for former Defense Minister Kim Yong-hyun, who was additionally indicted on charges including solicitation of evidence destruction related to the emergency martial law. The special counsel pointed out that Kim destroyed numerous pieces of key evidence related to the martial law, making it difficult to establish the substantive truth in criminal trials against former President Yoon and other participants. Kim is accused of deceiving the Presidential Security Service to obtain a secure phone on December 2, 2024 — one day before the emergency martial law — passing it to former Defense Intelligence Command chief Noh Sang-won, and ordering associates to destroy related materials immediately after the martial law was imposed.