Former PM Han Duck-soo Jailed Over South Korean Martial Law Crisis

South Korea has a painful historical memory of martial law, often associated with authoritarian rule, military dominance, and the suppression of democratic freedoms. Since democratisation in the late 1980s, civilian control and constitutional governance have been central to the country’s political identity. That legacy was sharply challenged in December 2024, when then-President Yoon Suk Yeol declared martial law, triggering political turmoil and widespread public alarm. The move raised immediate questions about legality, civilian accountability, and the role of senior officials in enabling the decision. The Court Verdict On Wednesday, the Seoul Central District Court sentenced former Prime Minister Han Duck-soo to 23 years in prison. The court found him guilty of multiple charges, including engaging in a key act of insurrection related to the martial law declaration. The judge ruled that Han played an instrumental role by helping create the outward appearance of a legitimate cabinet meeting, which was used to justify the declaration. The court described this as a “top-down insurrection”, emphasising that the act was initiated by political elites rather than grassroots actors or the military acting independently. Han was taken into custody immediately after the verdict. Judicial Reasoning In delivering the ruling, the judge stressed Han’s democratic responsibility as prime minister. Although indirectly elected, he held constitutional authority and a duty to protect democratic order. The court stated that Han: Turned a blind eye to constitutional violations Participated actively in enabling the December 3 martial law declaration Contributed to placing South Korea at risk of returning to authoritarian rule The judge warned that Han’s actions endangered basic rights and could have dragged the country back into a prolonged period of dictatorship. Additional Charges Beyond insurrection-related offences, the court also found Han guilty of: Perjury Creating false official documents Han denied wrongdoing on all charges except partial perjury. His conviction marks the first time a former cabinet minister has been criminally sentenced at a lower court for actions directly linked to martial law. Legal Process Ahead The ruling is expected to be appealed, potentially reaching South Korea’s Supreme Court. The lower court judge openly acknowledged that the case would likely continue through the appeals process, meaning the final legal outcome remains unresolved. Analysis The sentencing of Han Duck-soo represents a landmark moment in South Korea’s post-authoritarian legal history. By imposing a lengthy prison sentence on a former prime minister, the judiciary has sent a clear signal that constitutional violations at the highest levels of government will be treated as criminal acts, not political misjudgements. The court’s framing of the episode as a “top-down insurrection” is particularly significant. It shifts the focus away from traditional images of coups led by generals and tanks, highlighting instead how elite manipulation of legal procedures such as staged cabinet meetings can undermine democracy from within. This reflects a modern understanding of democratic backsliding, where institutions are hollowed out rather than overtly overthrown. Politically, the ruling reinforces South Korea’s strong culture of post-office accountability, where former presidents and senior officials are routinely investigated and prosecuted. While critics argue this risks politicising justice, supporters view it as essential to preventing the normalisation of emergency powers. More broadly, the case serves as a warning to other democracies facing internal stress: the erosion of democratic order often begins not with open force, but with elite complicity, procedural shortcuts, and the misuse of constitutional authority. South Korea’s response suggests an attempt to draw a firm legal line against such practices, even at the cost of deep political division. With information from Reuters.