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'Abandoned his duty': Prosecutor seeks arrest of ex-Prime Minister Han

Published: 24 Aug. 2025, 19:26

Former Prime Minister Han Duk-soo appears at the special counsel’s office at the Seoul High Prosecutors’ Office in Seocho-dong on Aug. 19 to be questioned regarding his alleged role in the Dec. 3 martial law declaration. [NEWS1]

Special Counsel Cho Eun-seok’s team investigating requested the arrest and detention of former Prime Minister Han Duck-soo on Sunday for his alleged role in the Dec. 3 martial law declaration. Prosecutors argued that Han, the No. 2 figure in the Yoon Suk Yeol administration and former acting president, had abandoned his constitutional duty and aided Yoon’s actions.

“The first aide to the president, the state’s top constitutional officer, abandoned his duty,” said assistant special prosecutor Park Ji-young at a press briefing Sunday. Park explained that the office considered Han’s position to be that of “the prime minister who assists the president in his duty to protect the state and the Constitution, and who holds constitutional authority to check and restrain arbitrary exercise of power by the president.”

The special counsel charged Han with aiding insurrection, falsification and use of official documents, violation of the Presidential Records Act, damage to public records and perjury.

Investigators argue that as prime minister and deputy chair of the Cabinet, Han had the power and obligation to stop an illegal declaration of martial law. He instead helped Yoon, despite holding final authority to sign all presidential documents. They noted Han’s long public service, beginning in the 1970s, and his direct experience of the 1980 military coup under Chun Doo Hwan, which should have made him acutely aware of its consequences.

“We judged his acts to go beyond omission and to constitute active involvement,” Park said.

Assistant special prosecutor Park Ji-young speaks at a press briefing Sunday. [NEWS1]

On Dec. 3, 2023, at about 8:40 p.m., Yoon informed Han of his plan to declare martial law. Han then recommended convening a Cabinet meeting. Prosecutors said this was meant to satisfy procedural requirements.

Yoon had notified only six ministers, along with those already at the presidential office. The meeting began as soon as the minimum quorum of 11 was reached and ended in just five minutes. Other Cabinet members either received no notice or could not arrive in time, effectively stripping them of their right to review martial law. Prosecutors said Han could have stopped this but failed to act.

The special counsel also accused Han of drafting, signing, and later ordering the destruction of a “post-facto” proclamation, giving the declaration a false appearance of legality. On Dec. 5, Han signed the document. After Defense Minister Kim Yong-hyun was arrested, Han reportedly called then–chief of staff Kang to order its disposal.

By creating what looked like a lawful act, prosecutors said, Han fueled controversy over whether the declaration was a procedural flaw or met substantive requirements under the Constitution, deepening social unrest. Yoon later defended his decision in a Dec. 12 address, insisting that martial law was a sovereign act not subject to judicial review and justified under Article 77 of the Constitution.

Han assumed the role of acting president after Yoon was impeached but refused to appoint a Constitutional Court justice nominated by the Democratic Party. Prosecutors suspect he expected Yoon’s impeachment to be overturned and sought to preserve formal legitimacy.

In testimony last week, Han contradicted earlier statements. He admitted receiving the proclamation directly from Yoon, reversing his claim that he discovered it only after the Cabinet voted to lift martial law. This also conflicted with his testimony during Yoon’s impeachment trial, when he told the Constitutional Court he had never seen the document. Prosecutors have added perjury charges.

The special counsel investigated Han three times — on July 2, Tuesday and Friday — and concluded that arrest and detention were unavoidable. If the court grants the request, it would mark the first time in constitutional history that a former prime minister has been detained.

This article was originally written in Korean and translated by a bilingual reporter with the help of generative AI tools. It was then edited by a native English-speaking editor. All AI-assisted translations are reviewed and refined by our newsroom.
BY KIM BO-REUM, NA UN-CHAE [[email protected]]