Former South Korean Prime Minister Jailed for 23 Years in Martial Law Case

Han Duck-soo, 76, is the first former cabinet minister to be given a court ruling on criminal charges related to the martial law incident.

Former South Korean Prime Minister Han Duck-soo (C) arrives at the Seoul Central District Court for his first sentencing trial in the insurrection case, in Seoul, South Korea, on Jan. 21, 2026. Chung Sung-Jun/AP

A South Korean court on Jan. 21 sentenced former Prime Minister Han Duck-soo to 23 years in prison for insurrection for his involvement in the December 2024 imposition of martial law by then-President Yoon Suk Yeol.

Yoon attempted to impose martial law on Dec. 3, 2024, but backed down after six hours amid public protest and after parliament voted to overturn the decree. At the time, Yoon said he was aiming to protect the constitution because the opposition, which controlled the parliament, was sympathetic to communists and North Korea.

Seoul Central District Court said Han was guilty of “engaging in [the] key action of insurrection,” falsifying the martial law proclamation and destroying it, and perjury.

Han, 76, is the first former cabinet minister to be given a court ruling on criminal charges related to the martial law incident.

The judge said the former prime minister had been instrumental in trying to give procedural legitimacy to Yoon’s decree by getting it passed through a Cabinet Council meeting.

“The defendant was a prime minister who had been indirectly given democratic legitimacy and responsibility. ... Nevertheless, the defendant chose to turn a blind eye ... and participate as a member of the December 3 insurrection,” the judge said.

“As a result, South Korea was in danger of returning to the dark past when the basic rights and liberal democratic order of the people were violated, potentially preventing them from escaping ... dictatorship for a long time.”

During the televised verdict, the court ruled that the imposition of martial law constituted an act of rebellion, with the mobilization of police officers and troops deemed a “riot” or “self-coup” intended to undermine constitutional order.

Han to Appeal

Han was detained immediately after the verdict. His lawyer said the former prime minister would be appealing the decision to the Supreme Court.

He had denied wrongdoing on all charges, except perjury. Han said in November 2025 that he regretted not being able to stop Yoon’s declaration of martial law, and that he had never agreed or tried to help Yoon.

After Yoon was impeached in December 2024 following the failed martial law attempt, Han became acting president but was impeached over his refusal to fill vacant seats in the Constitutional Court, which at the time was considering whether to formally eject Yoon from office.

The Constitutional Court later overturned Han’s impeachment and reinstalled him as acting president. Han then resigned to run in the presidential election after Yoon was removed from office in April 2025. Han failed to gain his party’s nomination, leading him to pull out of the race.

Lee Jae-myung, a former Democratic Party of Korea leader who led the impeachment bid against Yoon, won the presidency in the June 2025 snap election.

Yoon’s First Conviction

Seoul Central District Court on Jan. 16 sentenced Yoon, 65, to five years’ imprisonment in the first verdict related to his failed imposition of martial law.

The court had found the former president guilty of mobilizing the presidential security service to prevent authorities from detaining him. An arrest warrant followed his failure to comply with orders to appear before authorities for questioning in relation to the failed martial law decree.

He was also found guilty of fabricating official documents and failing to follow the legal process required for declaring martial law.

Yoon faces eight trials in total for various criminal charges related to the martial law declaration, including for rebellion.

Ousted South Korean President Yoon Suk Yeol, who is facing charges of orchestrating a rebellion when he declared martial law on Dec. 3, 2024, arrives to attend his trial at the Seoul Central District Court in Seoul, South Korea, on May 12, 2025. Ahn Young-joon, Pool/AP Photo

His rebellion case had its final hearing at Seoul Central District Court on Jan. 13, at which the prosecutors called for the death penalty if Yoon is found guilty of insurrection.

The most recent death sentence in South Korea was handed down in 2016, but the country has not executed anyone since 1997, as President Kim Dae-jung introduced a moratorium on capital punishment in 1998.

In his final 90-minute statement to the court, Yoon said it was within presidential powers to call for a state of emergency and that doing so cannot constitute an insurrection.

He maintains his innocence in all cases.

Seoul Central District Court will reach its ruling on Yoon’s rebellion charges on Feb. 19.

The Associated Press and Reuters contributed to this report.