Special counsel demands 15 years for ex-Prime Minister Han over alleged role in Dec. 3 martial law

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Special counsel demands 15 years for ex-Prime Minister Han over alleged role in Dec. 3 martial law

Published: 26 Nov. 2025, 18:56

Audio report: written by reporters, read by AI

Former Prime Minister Han Duck-soo arrives for his first-instance sentencing hearing at the Seoul Central District Court on Nov. 26 [YONHAP]

A special counsel investigating the alleged insurrection related to the Dec. 3 emergency martial law declaration requested a 15-year prison sentence for former Prime Minister Han Duck-soo on Wednesday.

The court is expected to deliver its first ruling on whether the Dec. 3 martial law constitutes insurrection in January 2026. Given a final opportunity to speak, Han insisted that he “did not consent to the declaration of martial law.”

During the sentencing hearing at the Seoul Central District Court, the special counsel said the Dec. 3 martial law “inflicted immeasurable damage on the national prestige, far exceeding that caused by the insurrection 45 years ago,” and that “stern punishment is necessary to ensure such history is never repeated.”

Prosecutors argued that Han, unusually for a prime minister, communicated closely with senior presidential secretaries ahead of the declaration, telling them to “check Telegram,” suggesting he had prior knowledge of the plan and intent to participate in the alleged insurrection.

They added that CCTV footage from the presidential office shows Han receiving documents including the martial law address, proclamation orders and special directives. Despite knowing the declaration was unlawful, prosecutors said, he convened the Cabinet meeting and urged ministers to attend so a quorum could be met, thereby aiding the implementation of martial law.

The special counsel also argued that when former President Yoon Suk Yeol reportedly rose from his seat after explaining the need for martial law to Cabinet ministers, Han was seen nodding in support. This “clearly strengthened Yoon’s resolve to carry out the crime,” said the prosecutors.

CCTV footage from inside the presidential office, taken before and after the Dec. 3, 2024 martial law declaration, is shown during a hearing on Oct. 13 for former Prime Minister Han Duck-soo, right, with the footage capturing former Interior Minister Lee Sang-min smiling while speaking with Han before exiting the presidential office [SCREEN CAPTURE]

Prosecutors further claimed Han abetted the crime by reviewing and checking directives involving power and water cutoffs sent to former Interior Minister Lee Sang-min. They said Han ignored the National Assembly’s request to convene the Cabinet to lift martial law, failed to call an immediate meeting, and later signed the proclamation retroactively in an attempt to legitimize it.

They also accused Han of perjury in the Constitutional Court’s impeachment trial of former President Yoon, claiming he falsely testified that he had never received martial law documents, thereby “betraying the public’s desire for truth.”

This is the first time prosecutors have sought a sentence for a defendant charged with insurrection in the Dec. 3 case. The requested sentence for Han is expected to serve as a benchmark for the remaining defendants, including former President Yoon, former Defense Minister Kim Yong-hyun and former Interior Minister Lee Sang-min, whose trials are being heard by separate panels but share similar fact patterns and legal issues.

Han maintained a blank expression as prosecutors delivered their sentencing request. Speaking at the end of the hearing, he read from prepared remarks, saying, “I am deeply sorry for the pain and confusion the public has suffered. I joined the government as an economic bureaucrat in 1970 and devoted my life to economic policy. I never imagined my career would end with an incident involving martial law.”

Former Prime Minister Han Duck-soo leaves the Seoul Central District Court on Nov. 26. [KANG JUNG-HYUN]

Recalling the night of the declaration, Han said, “When former President Yoon said he would impose martial law, I felt indescribable shock — as if the ground had fallen away. I tried to gather Cabinet ministers to reverse the president’s decision, but it was beyond my ability.”

“I have questioned myself more harshly than anyone here about what I should have done that night,” he continued. “The more I revisit my chaotic memories, the more I am struck by despair at my own inadequacy.”

“I am ashamed to face the people who trusted me, my family, colleagues and public servants who stood by me during difficult times,” said Han. “But I can say with complete honesty before this historic court that I never supported or assisted the martial law declaration.”

Han’s lawyers argued that once the president decided to impose martial law, the former prime minister had no legal authority to stop him. They also said there is “no direct evidence” that Han supported or participated in the declaration, as the CCTV footage from the presidential office does not contain audio. Aside from the perjury allegation, the defense denied all charges.

Han’s sentencing is scheduled for 2 p.m. on Jan. 21, 2026. The ruling is expected to deliver the court’s first interpretation of whether the Dec. 3 martial law constitutes insurrection under Korean criminal law.

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 SEONG-JIN [[email protected]]