Insurrection special prosecutor seeks 5-year prison term for ex-PM Han over Constitutional Court appointments

The insurrection special prosecutor's office led by Special Prosecutor Jo Eun-seok sought a five-year prison sentence Friday for former Prime Minister Han Duck-soo, who stands trial on charges of failing to appoint Constitutional Court justices recommended by the National Assembly and nominating alternative candidates without proper vetting.

At closing arguments held before Seoul Central District Court's Criminal Division 33, presided over by Judge Lee Jin-gwan, the special prosecutor asked the court to sentence Han to five years in prison. The same hearing covered former presidential Chief of Staff Jeong Jin-seok, former Civil Affairs Secretary Kim Ju-hyeon and former Public Service Discipline Secretary Lee Won-mo — all from the Yoon Suk Yeol administration — on charges including dereliction of duty. Prosecutors sought four years each for Jeong and Kim, and three years for Lee.

"The defendants had opportunities to choose differently — and not just once," the special prosecutor said in opening remarks. "There was an opportunity right after the Dec. 3 emergency martial law declaration. There was one when the National Assembly elected Constitutional Court justice candidates. There was one when the Constitutional Court explicitly declared that the failure to make the appointments was unconstitutional. There was one after Yoon Suk Yeol was removed from office. And there was one when the order came down to complete the vetting of a Constitutional Court justice candidate in a single day."

"The way in which the authority entrusted by the people was betrayed is deeply paradoxical," the special prosecutor continued. "On one side, authority was not exercised — and the result was the paralysis of state affairs and constitutional institutions. On the other side, authority was exercised in haste, in the opposite direction. On the surface, one was an act of omission and the other an act of commission, but they share the same root." The special prosecutor added that the defendants "blocked what the people had already decided and sought to preempt what the people were yet to decide."

"It is not enough merely to record the defendants' conduct in the pages of history," the special prosecutor said in explaining the sentencing request. "The accountability commensurate with those actions must be recorded alongside it. That is the answer the state owes to the people who watched this case unfold, and the warning this trial must leave for the countless public officials who will one day face the same crossroads."

After the National Assembly passed an impeachment motion against then-President Yoon on Dec. 14, 2024, suspending his presidential powers, Han assumed the role of acting president. In that capacity, he declined to appoint three Constitutional Court justice candidates — Ma Eun-hyeok, Jeong Gye-seon and Jo Han-chang — who had been elected by the National Assembly, citing the need for bipartisan agreement. Han was indicted on charges of dereliction of duty in connection with his refusal to appoint the three candidates.

He also faces charges of abuse of authority for nominating former Minister of Government Lee Wan-gyu and Seoul High Court Judge Ham Sang-hun as Constitutional Court justice candidates last year without conducting proper vetting procedures.

Jeong, Kim and Lee were indicted alongside Han for their alleged involvement in the process of nominating Lee Wan-gyu and Ham as Constitutional Court justice candidates.

Former Deputy Prime Minister and Minister of Economy and Finance Choi Sang-mok was also indicted together with Han on dereliction of duty charges. Choi faces an additional charge of perjury for allegedly testifying that he had no recollection of receiving relevant documents from then-President Yoon at the Cabinet meeting held on the night of the Dec. 3 emergency martial law declaration. His case was separated from the others after he filed a motion to recuse the presiding judges.

Choi's legal team filed a recusal motion against Criminal Division 33 of Seoul Central District Court, arguing that a fair trial could not be expected. The same court's Criminal Division 35, presided over by Judge Baek Dae-hyeon, rejected the motion. Choi's side filed an immediate appeal, which Seoul High Court's Criminal Division 12-2 — presided over by Judges Jo Jin-gu, Kim Min-a and Lee Seung-cheol — also dismissed. Choi's team has since filed a further appeal, which the Supreme Court is currently reviewing.

Meanwhile, Han, who also faces charges of playing a key role in the insurrection, received a 23-year sentence at trial and a 15-year sentence on appeal. Both Han's legal team and the special prosecutor filed appeals against the appellate ruling. The Supreme Court announced on Aug. 5 that it would hear Han's appeal before a full bench.