"Martial Law Ended Thanks to the Unarmed People"... Judge Lee Jingwan Becomes Emotional During Sentencing

Judge Lee Jingwan Overcome with Emotion During Sentencing
"The Courage of the People Ended the Insurrection"

The Criminal Agreement Division 33 of the Seoul Central District Court sentenced former Prime Minister Han Deoksoo to 23 years in prison in the first trial for charges including participating in key tasks related to the insurrection. During the sentencing, Presiding Judge Lee Jingwan drew attention when he became briefly emotional as he mentioned “the courage of the people who faced the 12·3 Martial Law declaration unarmed.”

Judge Lee Jingwan is speaking at the first trial of the case involving former Prime Minister Han Deoksoo on charges including aiding the leader of the insurrection and perjury, held on the 30th at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Yonhap News Joint Coverage Team

Throughout the sentencing on the 21st, Judge Lee consistently referred to the case as the “12·3 Insurrection,” emphasizing its illegality. He stated, “The 12·3 Insurrection was carried out by former President Yoon Sukyeol, who was elected by the people, and his followers. By its nature, it constitutes an insurrection from above.” He added, “This type of insurrection is commonly called a ‘praetorian coup.’” He continued, “Its danger is incomparable to an insurrection from below,” explaining, “When an elected authority commits an act of insurrection, it fundamentally shakes the people’s faith in democracy and the rule of law.”

He cited “the courage of the people” as the driving force that stopped the martial law, and was unable to speak for several seconds. Judge Lee remarked, “Previous Supreme Court rulings on insurrection cases cannot serve as a standard for determining the defendant’s sentence,” before pausing to compose himself. He then stated, “Although there were no fatalities during the 12·3 Insurrection and it ended within a few hours, this was above all due to the courage of the people who defended the National Assembly unarmed against the armed martial law forces.” He credited the public as the key force that prevented the insurrection. Afterwards, Judge Lee lifted his glasses with his right hand and was again unable to speak for several seconds, as a hush fell over the courtroom.

Judge Lee Jingwan is speaking at the first trial of the case involving former Prime Minister Han Deoksu on charges including aiding the leader of the insurrection and perjury, held on the 30th at the Seoul Central District Court in Seocho-gu, Seoul. Photo by Yonhap News Joint Coverage Team

He continued, “It was the resistance of the people, the swift actions of certain politicians who entered the National Assembly and voted to lift martial law, and the actions of some soldiers and police officers who either resisted illegal orders or participated only passively, all while recalling the grim memories of the insurrection.” He emphasized, “It was never the result of the insurrectionists’ actions.” He further stated, “When determining the sentences of those involved, the fact that martial law lasted only a short time cannot be considered as a mitigating factor.”