Democrats Push Back Against Cho Kwang-han's Claim That Dec. 3 Martial Law Was Not an Insurrection

Cho Kwang-han, a Supreme Council member of the People Power Party, said on MBC radio's 'Focus with Kim Jong-bae' on the morning of the 28th that he does "not view the Dec. 3 emergency martial law as an insurrection." When the host pointed out that court rulings had treated it as such, he argued that "the courts see it as wrongful martial law, and many court decisions have been overturned over time."

Asked whether he could accept it even if the Supreme Court defined the events as an insurrection, Cho replied, "That is the court's judgment, but I cannot accept it as such." Still, he repeatedly emphasized, "I clearly say the martial law was wrong," adding, "While this is a matter that must face strict judgment, I find it difficult to agree that it constitutes an insurrection."

The courts see it differently. In February, the Seoul Central District Court's Criminal Division 25 (Presiding Judge Ji Kwi-yeon) sentenced former President Yoon Suk Yeol, who faces insurrection ringleader charges, to life imprisonment, finding that "the crime of insurrection aimed at disrupting the constitutional order has been established." The case is currently on appeal. In the case of former Prime Minister Han Duck-soo, both the first-instance and appellate courts defined the emergency martial law as an insurrection, and a 15-year prison sentence was handed down at the appellate level in May. The Supreme Court, stating that "public interest is extremely high and a historical judicial assessment is necessary," referred the insurrection complicity cases of former Prime Minister Han Duck-soo and former Administrative and Home Affairs Minister Lee Sang-min to its full bench on the 5th of last month.