Court rules Dec. 3 martial law an act of insurrection, calling for true national recovery

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Court rules Dec. 3 martial law an act of insurrection, calling for true national recovery

Published: 22 Jan. 2026, 00:00

Audio report: written by reporters, read by AI

Former Prime Minister Han Duck-soo attends the first-instance sentencing hearing on charges of aiding the ringleader of an insurrection and playing a key role in the insurrection at the Seoul Central District Court in Seocho District, southern Seoul, on Jan. 21. [SCREEN CAPTURE FROM SEOUL CENTRAL DISTRICT COURT VIDEO/NEWS1]

A court has delivered its first ruling that the emergency martial law declaration on Dec. 3, 2024, and the subsequent chain of events constituted an act of insurrection. On Wednesday, the Seoul Central District Court’s Criminal Division 33 sentenced former Prime Minister Han Duck-soo to 23 years in prison and ordered his immediate detention. The sentence exceeded the 15-year term sought by the special prosecution led by Cho Eun-seok by eight years, an unusually severe outcome. The court found Han guilty of playing a key role in the insurrection. Although appeals remain, the judgment — that the Dec. 3 martial law attempt amounted to a violent act aimed at subverting the constitutional order and must be punished as insurrection under criminal law — is one that society as a whole must take seriously.

The court characterized the declaration as “an insurrection in the nature of a praetorian coup planned by the supreme authority.” It concluded that Han, then the second-highest official in the executive branch, not only failed to stop the move but actively participated in it. That a figure who served more than 50 years in public office, was prime minister twice and once acted as president has now received a heavy sentence for insurrection is a tragedy in Korea’s constitutional history that must never be repeated. Han’s downfall should not be seen as a personal misfortune but as a lesson to all public officials about their duty to serve the people and uphold the law.

The court also held Han significantly responsible for the deepening political and social divisions that followed martial law. It said the defendant sought to evade responsibility and undermined judicial procedures through falsified documents and perjury, adding that genuine remorse was nowhere to be found.

Next month, a first-instance verdict is expected in the case of former President Yoon Suk Yeol, for whom prosecutors have sought the death penalty. Even at this late stage, Yoon and Han should offer sincere apologies and show repentance for the national and social turmoil caused by the declaration.

Korea endured one of the gravest scenarios imaginable, with constitutional order trampled by insurrection, but preserved the core principles of a democratic republic through the rule of law. Now, judicial judgment of those responsible should be left to the courts while society turns toward a new beginning of reconstruction. Further conflict and division over the Dec. 3 martial law attempt will only obstruct national progress. The opposition must acknowledge the illegitimacy of the martial law declaration and Yoon’s legitimacy of impeachment and decisively cross that divide. The ruling camp, for its part, should resist the temptation of political retribution and pursue politics of broad-based integration. This is the moment for cooperation so that hard-won democracy does not once again crash into a wall of division but moves forward toward unity and renewal.

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.