"Yoon Suk-yeol's 12·3 Rebellion Was a Palace Coup"... Han Duck-soo Sentenced to 23 Years for 'Key Role' (Comprehensive)

Court Finds Han Guilty on Most Charges
"If Han Had Fulfilled His Duties as Prime Minister, Yoon's Martial Law Could Have Been Prevented"
Taken Into Custody in Court... First Time for a Former Prime Minister

Former Prime Minister Han Duck-soo, who was accused of aiding the leader of the rebellion, was sentenced to 23 years in prison and was taken into custody in court after the first trial. This is a heavy sentence, eight years longer than the 15-year prison term requested by Cho Eunseok, the special prosecutor for the rebellion case. The court determined that former President Yoon Suk-yeol's 12·3 Martial Law incident constituted a "palace coup," which is classified as "rebellion" under the Criminal Act.

Han Ducksoo, former Prime Minister, accused of engaging in important duties related to internal rebellion, is attending the first trial sentencing hearing held at the Seoul Central District Court on the 21st. Photo by Yonhap News Agency, provided by Seoul Central District Court

The 33rd Criminal Division of the Seoul Central District Court (Chief Judge Lee Jinkwan) sentenced former Prime Minister Han to 23 years in prison at 2:00 p.m. on January 21 on charges including aiding the leader of the rebellion, engaging in important duties related to the rebellion, and perjury.

The court found that the declaration of 12·3 Martial Law and the issuance of the proclamation order constituted rebellion as defined in Article 73 of the Criminal Act, and found Han guilty on most of the charges. Specifically, the court recognized as guilty the following acts: creating the appearance that the declaration of martial law was made following a Cabinet review, attempting to have Cabinet members sign related documents after the declaration, discussing with former Minister of the Interior and Safety Lee Sangmin ways to blockade major institutions and cut off power and water to media outlets, and committing perjury at the Constitutional Court last year.

However, the court found Han not guilty on some charges, including calling then-ruling party floor leader Chu Kyungho after the declaration of martial law to check the situation at the National Assembly and whether notification had been given, delaying the Cabinet review of the lifting of martial law, and using the forged "post-martial law declaration" document.

The court stated, "The 12·3 rebellion shook the very foundation of the people's faith in democracy and the rule of law by having a democratically elected leader disregard and violate the Constitution and laws. The economic and political shock to the Republic of Korea from the occurrence of a 'palace coup' is incomparable to previous acts of rebellion."

The court continued, "Although there were no fatalities during the 12·3 rebellion and the rebellion itself ended within a few hours, this was due to the courage of citizens who defended the National Assembly unarmed against the martial law troops. It was also thanks to the efforts of certain politicians who quickly entered the National Assembly to demand the lifting of martial law, and the actions of some soldiers and police officers who either resisted unlawful orders or, even if they complied, did so only passively. It was by no means due to the actions of those who participated in the rebellion."

The court further stated, "As Prime Minister, the defendant was indirectly entrusted with democratic legitimacy and responsibility, and was obligated to do everything possible to uphold and protect the Constitution and the law. Nevertheless, believing that the 12·3 rebellion might succeed, he ultimately ignored these duties and responsibilities and chose to participate as a member." The court also added that if Han had fulfilled his role as Prime Minister, it would have been possible to easily prevent former President Yoon's declaration of martial law and other acts of rebellion.

The court also emphasized, "When his crimes were exposed and he was facing criminal punishment, the defendant reluctantly expressed regret only during his final statement. However, it is difficult to recognize the sincerity of this apology. There is no evidence that the defendant has sincerely reflected on his actions or made any effort to remedy the harm caused to the nation and its people by his criminal conduct."

Han Duck-soo Taken Into Custody Due to Risk of Evidence Destruction: "I Will Humbly Accept the Judge's Decision"

After a separate hearing to determine whether Han should be taken into custody following sentencing, the court 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."

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

As the "second-in-command" of the government, former Prime Minister Han had a duty to check the arbitrary abuse of presidential power. Nevertheless, he was indicted on August 29 of last year on charges of aiding and participating in the rebellion by being involved in creating a "procedural appearance" through convening Cabinet meetings and urging the attendance of Cabinet members before and after the declaration of martial law. He was also charged with ordering the drafting and destruction of a false martial law declaration and with perjury for testifying as a witness in the Constitutional Court impeachment trial that he was unaware of the declaration.

On November 26 of last year, Special Prosecutor Cho Eunseok requested a 15-year prison sentence during the closing arguments. The special prosecutor's team pointed out, "Although he was virtually the only person who could have prevented the rebellion, he abandoned his duty as a public servant for the entire nation and participated in the rebellion through a series of actions before and after the declaration of martial law."

In his final statement, Han claimed, "Although I failed to prevent martial law, I never supported or tried to assist it. The moment the president said he would declare martial law, I was shocked beyond words and made it clear that I could never agree, but I felt there was nothing I could do to stop it." His defense team also argued that Han could not have intentionally aided the rebellion since he was unaware of any specific acts of rebellion, and that the constitutional and legal duty of the prime minister to prevent martial law cannot be grounds for criminal liability.

The sentencing was broadcast live on television and other media. Among the three special prosecutor cases (rebellion, Kim Gunhee, and Chae Sangbyung), this was the second time a sentencing was broadcast live, following the broadcast of former President Yoon Suk-yeol's sentencing for obstruction of arrest on January 16. This was the first time a sentencing of a defendant who was not a former president was broadcast live.