Yoon Suk Yeol, the former president, was acquitted of perjury charges related to his testimony in the trial of former Prime Minister Han Duck-soo concerning the declaration of martial law on December 3.
On May 28, the Seoul Central District Court's Criminal Division 32, presided over by Judge Ryu Kyung-jin, ruled Yoon not guilty of perjury and dismissed the request for compensation related to the case. The court also provided guidance on the criminal compensation process for Yoon following the verdict.
Previously, the special prosecution team led by Jo Eun-seok had sought a two-year prison sentence for Yoon.
The court stated, "Considering that Yoon directed the additional gathering of six cabinet members just two minutes after a meeting in his office at 9:09 PM on December 3, 2024, and that the documents related to the martial law had already been prepared for Deputy Prime Minister Choi Sang-mok, it appears that the defendant (Yoon) had a plan to convene the cabinet regardless of Han's suggestion."
The court concluded, "It is difficult to view the defendant's testimony as contradictory to his memory."
Furthermore, the court noted that the testimony of former Defense Minister Kim Yong-hyun, who reported to Yoon before the martial law declaration that it was necessary to present agenda items to the cabinet meeting, supported this conclusion, indicating that the prosecution had not sufficiently proven the charges.
The court emphasized the legal criteria for establishing perjury, stating that perjury occurs when a witness makes statements that contradict their experienced facts, while subjective evaluations or opinions regarding legal effects are not subject to punishment.
The court remarked, "Whether the meeting of the convened cabinet members actually met the legal quorum for a cabinet meeting or had legal effect is a separate issue," adding that Yoon's assertion that he intended to convene the cabinet from the outset is merely a subjective evaluation of the nature of that meeting, making it difficult to classify as perjury regarding factual matters.
This implies that even if Han and other cabinet members did not fully recognize Yoon's directive for an additional gathering and claimed they intended to persuade the president to hold a cabinet meeting, it does not negate Yoon's original plan.
This trial stemmed from Yoon's testimony as a witness in Han's trial last November.
At that time, when asked by the special prosecution team whether Han suggested convening the cabinet meeting to maintain a legal appearance, Yoon responded, "Cabinet members are not puppets here to maintain an appearance; isn't that a question reflecting too much opinion?"
The special prosecution team deemed this a false testimony implying that Yoon intended to hold the cabinet meeting from the beginning, leading to the perjury charges filed against him a month later in December.
This ruling marks the first acquittal for Yoon in a trial related to the December 3 martial law. However, while Yoon has been cleared of perjury charges, he still faces multiple ongoing trials related to insurrection charges.
Yoon was sentenced to life imprisonment in the first trial for his role as the "mastermind" behind the martial law declaration and is currently undergoing an appeals process. Additionally, he received a seven-year prison sentence in the second trial for obstructing the execution of an arrest warrant by mobilizing the presidential security service, with a first trial ruling regarding his directive for a drone operation in Pyongyang also scheduled for June 21.
Meanwhile, the special prosecution team plans to review the ruling in detail before deciding whether to appeal.
* This article has been translated by AI.
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