Court Sentences Han Ducksoo to 23 Years in Prison for "Key Role in Insurrection," Exceeding Prosecutors' Request

"Yoon's Martial Law Deemed Insurrection"
Court Finds Most Charges Guilty
Taken Into Custody... First Time for a Former Prime Minister
Han Duck-soo: "I Humbly Accept the Judge's Decision"

Former Prime Minister Han Duck-soo, accused of aiding and abetting the leader of the insurrection, was sentenced to a heavy prison term and taken into custody in the first trial. This marks the first judicial ruling on whether the December 3 Martial Law Incident constitutes "insurrection" under the Criminal Act.

Former Prime Minister Han Duck-soo, accused of aiding and abetting the leader of the insurrection, is attending the first trial sentencing hearing held at the Seoul Central District Court on January 21, 2026. Photo by Yoon Dongju

The 33rd Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jinkwan) sentenced former Prime Minister Han to 23 years in prison at 2 p.m. on January 21, on charges including aiding and abetting the leader of the insurrection, engaging in key duties related to the insurrection, and perjury.

The court judged that the declaration of martial law and the issuance of emergency decrees on December 3 constitute insurrection under the Criminal Act, and found Han guilty on most of the charges against him.

The court stated, "As Prime Minister, even indirectly, the defendant was entrusted with democratic legitimacy and corresponding responsibility, and was obligated to abide by the Constitution and the law, and to make every effort to uphold and realize the Constitution. Nevertheless, believing that the December 3 insurrection might succeed, he ultimately disregarded these duties and responsibilities, and chose to participate as a member of the conspiracy."

The court continued, "Only when his criminal acts were exposed and he faced potential criminal punishment did he reluctantly express, in his final statement, that he felt deeply sorry. However, it is difficult to recognize the sincerity of this apology. There is no evidence that the defendant has shown genuine remorse or made any effort to remedy the harm caused to the nation and its people by his criminal actions."

After the sentencing, the court conducted a separate hearing to determine whether Han should be taken into custody, and decided to detain him, citing concerns about the destruction of evidence. When asked for his opinion on the court's decision, Han, who was seated in the defendant's chair, quietly stated, "I will humbly accept the judge's decision."

As the "second-in-command" of the government, Han was obligated to check the arbitrary abuse of presidential power. However, he was indicted on August 29 of last year for aiding and abetting, as well as participating in the insurrection, by helping to create a "procedural appearance" through convening cabinet meetings and urging cabinet members to attend before and after the declaration of martial law. He also faces perjury charges for allegedly instructing the drafting and destruction of a false martial law proclamation, and for testifying before the Constitutional Court during the impeachment trial that he "did not know about the proclamation."

Special Prosecutor Cho Eunseok's insurrection team requested a 15-year prison sentence at the final hearing on November 26 of last year. The special prosecutor's team pointed out, "Although he was virtually the only person who could have prevented the insurrection, he abandoned his duty as a public servant to the people and participated in the insurrection through a series of actions before and after the declaration of martial law."

In his final statement, Han argued, "Although I failed to prevent the declaration of martial law, I never supported or attempted to assist it. The moment the president said he would declare martial law, I was in indescribable shock and made it clear that I could never agree, but I felt there was no way to stop it." His defense team also argued that Han could not have intentionally aided the insurrection since he was unaware of specific insurrectionary acts, and that the constitutional and legal duty of the prime minister to prevent martial law cannot be linked to criminal liability.

The sentencing was broadcast live on television and other media. Among the three major special prosecutor cases (insurrection, Kim Keonhee, and the death of a Marine in the line of duty), this is the second time a sentencing has been broadcast live, following the case on January 16 involving former President Yoon Suk Yeol's charges of obstructing arrest. This is the first time the sentencing of a defendant who is not a former president has been broadcast live.