Han Duck-soo, the former Prime Minister of South Korea, was acquitted of charges related to illegal donations made to a restaurant in Gwangju ahead of the 21st presidential election.
The Seoul Central District Court's Criminal Division 22, led by Judge Jo Hyung-woo, delivered the not guilty verdict on October 1 regarding the violation of the Election Law.
The court stated, "It is difficult to view him as a person intending to run for office at the time of the incident." Previously, prosecutors had sought a fine of 1 million won against Han.
Han is accused of donating 1.5 million won for food costs to a restaurant in Gwangju's Dong-gu on April 15 of last year, shortly after the early presidential election was called following the impeachment of former President Yoon Suk-yeol.
According to Article 113 of the Election Law, candidates and those intending to run for office are prohibited from making donations to institutions, organizations, or facilities within the electoral district. However, Han announced his candidacy about two weeks after the donation. The Justice Party filed a complaint against him, alleging a violation of the Election Law.
The case was initially investigated and prosecuted in Gwangju but was transferred to the Seoul Central District Court at Han's request.
The key issue in the trial was whether Han was considered a person intending to run for office at the time of the restaurant donation.
The court explained, "According to Supreme Court precedents, a person intending to run for office is someone whose intention to run is clearly expressed externally, such as by applying for nomination. There must be definitive external expression of intent or objective evidence that can be recognized."
It further stated, "This evidence should be judged based on the time of the donation, and one cannot retroactively assume intent to run simply because he later declared his candidacy."
The court noted that while Han was mentioned as a potential presidential candidate at the time of the donation, this was an external factor unrelated to his own intentions, making it illogical to confirm his intent to run based on that.
Additionally, the court considered Han's previous charitable activities during his tenure as Prime Minister and concluded that there were no special indicators to view the restaurant donation as preparation for an election.
Meanwhile, Han is also facing charges related to his alleged role in attempting to create the appearance of a Cabinet meeting during the declaration of a state of emergency, for which he was sentenced to 15 years in prison in a second trial and is currently appealing. He has also been charged with abuse of power in the appointment process of Constitutional Court justices during his time as acting president, with a first trial verdict expected on the 26th.
* This article has been translated by AI.
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