Han Duck-soo Sentenced to 15 Years on Appeal for 1979 Martial Law Involvement, Down from 23 Years

The appellate court's decision to slash former Prime Minister Han Duck-soo's sentence from 23 years to 15 years in the 12.3 emergency martial law case is a major development, as reported by Yonhap News. While the court has consistently labeled the martial law as a rebellion, this ruling introduces a crucial shift in how Han's personal culpability is assessed, particularly concerning his actions, or lack thereof, to prevent it.

The reduction stems from the appellate court's differing view on Han's responsibility. Unlike the first trial, which applied the principle of 'omission liability' to hold Han accountable for not actively blocking the martial law declaration through the State Council, the second trial found this specific charge difficult to establish. This nuanced legal interpretation has directly led to the substantial decrease in his prison term.

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The defendant had a duty to assist in the lawful exercise of the President's authority. Severe punishment is unavoidable.

Furthermore, the appellate court overturned the first trial's guilty verdict on charges of perjury during the Constitutional Court's impeachment proceedings. This acquittal on a significant charge, based on the possibility that Han misunderstood certain documents, underscores the complexities and differing legal perspectives applied to the events surrounding the martial law.

Despite the reduced sentence, the court acknowledged Han's weighty position as the 'second-in-command' and the gravity of his role in attempting to lend procedural legitimacy to the martial law. The sentencing reflects a careful consideration of his actions, his position, and the legal framework, ultimately leading to a sentence that, while still severe, is considerably less than the initial judgment. This case continues to be a focal point for understanding accountability in South Korea's modern history.

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It is difficult to establish the charge of omission regarding the formation of the appearance of deliberation in the State Council.