Former Prime Minister Han Duck-soo was indicted without detention Thursday on key charges, including abetting the imposition of martial law, preparation of false public documents and perjury, according to the special counsel investigating former President Yoon Suk Yeol’s alleged insurrection.
Han, 76, has been accused of failing to prevent and possibly aiding the imposition of martial law on Dec. 3, 2024.
“The defendant was the highest constitutional authority who could have prevented the president’s unconstitutional and illegal martial law declaration. Despite knowing that the president would violate the constitutional order and fundamental rights of the people, the defendant instead acted to provide procedural legitimacy and provided assistance,” assistant special counsel Park Ji-young said during a press briefing Friday, explaining reasons for the indictment.
Park added that Han’s action appears to have stemmed from a belief that Yoon’s botched martial law declaration would succeed.
“We hope the court will make a wise decision to ensure that such historic tragedies are never repeated,” the assistant special counsel added.
The special counsel team led by Cho Eun-suk launched an investigation into the former prime minister’s alleged involvement in the martial law declaration by summoning Han for three separate questioning sessions, on July 2, Aug. 19 and Aug. 22.
The team also carried out a search and seizure operation at Han’s private residence and the prime minister’s office on July 24.
Han is believed to have proposed the Cabinet meeting, held before Yoon imposed martial law, to make it appear as though the declaration was made under legal procedures.
The special counsel insisted that Han urged the ministers to attend the Cabinet meeting to meet the quorum of 11 members, while neglecting to ensure a proper deliberation process among the Cabinet members.
The special counsel team reportedly secured evidence indicating that Han told other Cabinet members to sign the martial law-related resolution despite their objections.
According to the team's investigation, Han and then-Defense Minister Kim Young-hyun reportedly backdated the document to make Yoon’s martial law declaration appear legally legitimate. The team also revealed that it secured testimony from Kang Eui-gu, who at the time was a secretary at the presidential office and drafted the document, insisting that the document was discarded at Han’s request and with Yoon’s approval.
Meanwhile, the former prime minister is accused of perjury for claiming in testimony to the Constitutional Court and the National Assembly that he was unaware of the martial law declaration in printed form until after the decree was lifted.
The special counsel filed a request for a detention warrant for Han with the Seoul Central District Court on Wednesday, citing evidence-tampering concerns, risk of flight and possible recidivism. The court dismissed the request on the next day.
But the Seoul court found that there was room for legal debate concerning a key fact and the sequence of the former prime minister’s actions, adding that it found it difficult to conclude that there was a risk of destroying evidence and a risk of flight.
sj_lee@heraldcorp.com
