Park Seong-jae, the former Minister of Justice, was sentenced to nine years in prison for his involvement in the insurrection during the December 3 martial law. While the court acknowledged his responsibility for insurrection-related duties, it overturned some charges and reduced his sentence by 16 years from the original 25 years imposed in the first trial.
The Seoul High Court's Criminal Division 1, led by Judge Yoon Seong-sik, issued the ruling on October 21, overturning the previous sentence.
The court found that Park was aware of the unconstitutionality and illegality of the martial law. It determined that his orders for the travel ban team to report for duty and to check the capacity of correctional facilities fell under insurrection-related duties.
The ruling stated, "He must be evaluated as having actively participated by issuing orders to the heads of the Immigration Service and the Correctional Service for the enforcement of the proclamation." The court also criticized him for not withholding orders despite the unconstitutionality being pointed out in a senior staff meeting.
However, the scope of his guilty actions was narrowed compared to the first trial. The court found insufficient evidence for his orders regarding the review of the 'current status of detention rooms' at the Seoul Detention Center and the dispatch of forensic personnel to the joint investigation team led by then-Prosecutor General Shim Woo-jung. It ruled that his request for the dispatch of prosecutors was merely a general directive and did not contribute to achieving the insurrection's objectives, leading to a not guilty verdict.
The charges of abuse of power related to the orders for the travel ban team and facility checks were also overturned. While the court acknowledged that he abused his authority, it concluded that it did not apply in cases where he directed subordinates to perform 'non-obligatory tasks.' The court viewed the employees' reporting for duty and waiting as part of emergency operations, and the documents prepared by correctional officials were deemed to be limited to general capacity reviews.
The directive to prepare a 'document on the abuse of authority' justifying the martial law after its lifting was also ruled not to constitute abuse of power.
In determining the sentence, the court considered that it was unlikely Park conspired with former President Yoon Suk Yeol and others regarding the martial law, and that his directives were limited to preparatory stages that did not lead to actual detentions or travel bans. The first trial had imposed a 25-year sentence, which was higher than the special prosecutor's request for 20 years, and the special prosecutor sought to maintain the original sentence in the appeal.
The court also overturned the first trial's dismissal of charges against Lee Wan-kyu, the former head of the Legislation Office, regarding his violation of the National Assembly testimony law. Lee is accused of perjury for stating in the National Assembly that there were no discussions related to the martial law during a secret meeting shortly after its lifting. The appellate court recognized this as a case subject to special prosecutor investigation under the law concerning insurrection and foreign exchange offenses.
* This article has been translated by AI.
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