The Key to Han Duck-soo's Freedom Lies in the Hands of Chief Justice Jo Hee-de
With just ten days left before the detention period expires for former Prime Minister Han Duck-soo, who was sentenced to 15 years in prison, the Supreme Court has yet to set a date for his appellate ruling. Politicians criticized the move, saying "the Jo Hee-de Supreme Court has effectively declared its intention to release him."
On the 10th, the Supreme Court scheduled the second en banc hearing of the appeals trial for former Prime Minister Han and former Minister of the Interior and Safety Lee Sang-min, who are facing charges including performing important duties during the insurrection, for the 19th. This marks the second hearing following the first en banc session on September 29, held the day before the expiration of former Prime Minister Han's detention period on the 20th. Although special prosecutor Cho Eun-seok's team submitted a brief on the 5th requesting a swift ruling within the detention period, no ruling date has yet been set.
Lee Yong-woo, spokesperson for the Democratic Party of Korea, criticized the Supreme Court's delayed proceedings in a written briefing on the 10th as "extremely irresponsible conduct." The spokesperson pointed out that the delay blatantly violates the law, noting that "the Special Prosecutor Act on Insurrection stipulates that appellate rulings must be issued within three months of the appellate court's ruling date."
Hong Sung-gyu, spokesperson of the Progressive Party, also criticized in a statement: "As things stand, Han Duck-soo, an insurrection criminal sentenced to 15 years in prison, will be freely strolling the streets in ten days. Is the current Supreme Court's blatant scheme to neglect the trial while releasing one insurrectionist and heinous criminal after another involved in the abuse of state power?"
There were also calls for the Democratic Party to act swiftly. Lim Myung-hee, spokesperson for the Rebuilding Korea Party, urged quick action, asking, "Will the Democratic Party leave the Supreme Court unattended under the pretext of caution?" She added, "The first duty of the Lee Jae-myung government is to hold the insurrectionary forces accountable. Do not create a situation where the Democratic Party opens the door to the revival of those forces."
Former Prime Minister Han faces charges of, among others, recommending the convening of a Cabinet meeting during the December 3 martial law declaration to create the appearance that the martial law proclamation followed lawful procedures, and of being involved in drafting and disposing of falsified documents related to the martial law declaration. He was sentenced to 23 years in prison at his first trial in January, but the sentence was reduced to 15 years at his appeal in May. While the appellate court found him guilty on the main charges as in the first trial, it applied a different interpretation of the "doctrine of omission," narrowing the scope of his responsibility for participation in the insurrection, and acquitted him on some charges of perjury during the impeachment trial of former President Yoon Suk-yeol.
Former Minister Lee, charged with ordering media outlets to be cut off from water and electricity during the martial law period, was sentenced to 7 years in prison at the first trial and 9 years on appeal, with his detention period expiring on the 18th of next month.
In August, the Supreme Court referred the appeals cases of the two men, who are implicated as accomplices, to the en banc court on the grounds that "they involve extremely high public interest and require a historic judicial assessment." However, in the two months since the referral, only one hearing has been held. If the en banc hearing proceeds on the 19th without a ruling date having been set, former Prime Minister Han will receive the Supreme Court's final judgment only after his detention period has ended.
