Former Prime Minister Han Files Appeal Against 23‑Year Insurrection Sentence
Updated (2 articles)
Han and Counsel Submit Appeals to Seoul High Court On Monday, Jan 26 2026, former Prime Minister Han Duck‑soo and special counsel Cho Eun‑suk each lodged appeals against the Seoul Central District Court’s 23‑year prison ruling for Han’s role in the Dec. 3 2024 insurrection linked to President Yoon Suk‑yeol’s brief martial‑law decree [1]. The appeals will be heard by a newly created division of the Seoul High Court, with a hearing scheduled for Feb. 23 2026. Han remains in custody over concerns he might destroy evidence, while Cho seeks to overturn not‑guilty findings on several charges [1].
Seoul Central Court Handed Down 23‑Year Sentence The Seoul Central District Court delivered its judgment on Jan 23 2026, imposing a 23‑year term that makes Han the first member of Yoon’s cabinet to be convicted in connection with the martial‑law episode [1]. The court described Yoon’s emergency proclamation as a “self‑coup” and imposed a penalty harsher than the 15‑year term requested by the special counsel [1]. Prosecutors had argued that Han’s actions directly supported the illegal declaration, while the court’s language underscores the gravity of the constitutional breach [1].
Charges Include Perjury and Manipulation of Martial‑Law Proclamation The indictment alleges Han urged a cabinet meeting before the decree, signed a revised proclamation after the order was lifted to bolster its legitimacy, and committed perjury before the Constitutional Court [1][2]. Prosecutors contend these acts constitute abetting the ringleader and violating procedural duties, while Han maintains he had no prior knowledge of Yoon’s plan [2]. The perjury charge stems from statements Han made under oath that prosecutors say were false, a key element in the court’s insurrection finding [2].
Verdict Timing and Insurrection Definition Remain Central Issues The court’s verdict was originally set for Feb. 19 2026, a date that will determine whether the martial‑law declaration qualifies as an insurrection under the Constitution [2]. Special counsel Cho Eun‑suk’s team had asked for a 15‑year sentence, emphasizing Han’s duty to curb presidential overreach [2]. Han’s denial of any prior knowledge and Yoon’s own trial—where prosecutors sought the death penalty—highlight the broader political stakes surrounding the legal definition of the December 2024 emergency order [2].
Sources
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1.
Yonhap (Jan 26): Former Prime Minister Han Appeals 23‑Year Insurrection Sentence: details the filing of appeals by Han and special counsel, the 23‑year sentence, the “self‑coup” label, Han’s custody, and the upcoming Feb. 23 hearing .
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2.
Yonhap (Jan 20): Court to Deliver Verdict on Ex‑PM Han in Insurrection Case: outlines the pending Feb. 19 verdict, charges of abetting martial law and perjury, the special counsel’s 15‑year request, Han’s denial, and the case’s reliance on the insurrection definition .
Timeline
Dec 3, 2024 – President Yoon Suk Yeol issues a brief martial‑law decree that the court later describes as a “self‑coup,” triggering an insurrection that destabilizes South Korea’s political order. [2]
2025 – Former President Yoon’s trial on comparable insurrection charges concludes, with prosecutors seeking the death penalty, establishing a precedent for holding senior officials criminally liable for the martial‑law episode. [2]
Jan 20, 2026 – The Seoul Central District Court schedules a verdict for former Prime Minister Han Duck‑soo on Feb 19, 2026, noting that the case hinges on whether the martial‑law proclamation constitutes an insurrection under the Constitution. [2]
Jan 20, 2026 – Special counsel Cho Eun‑suk petitions for a 15‑year prison term, arguing that Han “participated in actions surrounding the martial law despite his duty to curb the president’s power.” [2]
Jan 20, 2026 – Han publicly denies involvement, stating, “I had no prior knowledge of the martial‑law plans beyond the declaration itself and never agreed with or aided the move.” [2]
Jan 26, 2026 – The Seoul Central District Court hands down a 23‑year prison sentence to Han, marking the first conviction of a Yoon cabinet member for the Dec 3, 2024 insurrection. [1]
Jan 26, 2026 – The court finds Han guilty of urging Yoon to convene a cabinet meeting before the decree, signing a revised proclamation after the decree was lifted, and committing perjury before the Constitutional Court. [1]
Jan 26, 2026 – In its ruling, the court labels Yoon’s martial‑law proclamation a “self‑coup,” imposing a harsher penalty than the 15‑year term sought by the special counsel. [1]
Jan 26, 2026 – Han is placed in custody to prevent evidence tampering, and both he and special counsel Cho file appeals on the same day, contesting the convictions and the not‑guilty findings on certain charges. [1]
Feb 23, 2026 – A newly created Seoul High Court division begins hearing Han’s appeal, the first trial division dedicated to cases tied to Yoon’s martial‑law bid. [1]