Prosecution seeks 5-year sentence for former PM Han Duck-soo over constitutional judge appointments

Special prosecutors are seeking a five-year prison sentence for former Prime Minister Han Duck-soo, accusing him of abusing his authority and neglecting his duties in the process of appointing constitutional judges. The prosecution argued that Han's actions, including failing to appoint judges when required and rushing the nomination process, constituted a violation of the constitutional order and distorted the public's choice of state power.

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The authority granted by the constitution was used to undermine the constitutional order.

During the closing arguments at the Seoul Central District Court, the prosecution requested sentences of four years for Kim Joo-hyun, former senior secretary for civil affairs, and Jeong Jin-seok, former chief secretary to the president, who were also indicted on charges of abuse of power. Lee Won-mo, former secretary for public integrity, faces a requested three-year sentence.

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The authority was not exercised when it should have been, and was exercised when it should not have been. As a result, it caused obstacles to state affairs and attempted to preempt and distort the choice of state power by the sovereign people through a new president.

The prosecution highlighted that Han, having witnessed the presidential transition following Park Geun-hye's impeachment in 2017, should have understood the importance of maintaining the normal functioning of state institutions during a period of presidential vacancy. They contended that his inaction was not due to ignorance but a deliberate choice, emphasizing that his extensive public service career should have led to greater responsibility, not leniency.

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This case involves two infringements of the constitutional order leading to one outcome: stopping the country through non-appointment, and attempting to preempt and block the people's choice through abuse of the nomination right.

Prosecutors also criticized the nomination process itself, stating that it appeared to prioritize the "appearance of verification" over actual thorough vetting. They pointed to the rapid approval of candidates and the omission of normal procedures, suggesting that the candidates were effectively predetermined. The case also involves former Minister of Economy and Finance Choi Sang-mok, whose trial is currently separated due to a recusal request pending before the Supreme Court.

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What was needed for Han Duck-soo and others was not verification, but the appearance of verification.