Former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min, who are facing charges related to their involvement in the December 3 emergency martial law, will have their cases reviewed by the Supreme Court's full bench.
On August 5, the Supreme Court announced, "The cases of former Prime Minister Han and former Minister Lee are of significant public interest and require historical judicial evaluation. Since the defendants are in a complicit relationship, they need to be tried together," adding that the cases will be reviewed by the full bench at the request of the respective divisions.
Previously, Han's case was being handled by Division 2 (Chief Justice Oh Kyung-mi), while Lee's case was under Division 3 (Chief Justice Lee Heung-gu). However, due to the referral to the full bench, both cases will now be evaluated by all justices, excluding the Chief Justice of the Court Administration.
Earlier, the defense teams for both Han and Lee submitted a request for the full bench review, stating that a unified interpretation of the law regarding insurrection is necessary. They emphasized that the issues in both cases overlap, necessitating a consistent understanding of the facts and legal principles, and that this could set a precedent for the ongoing appeal of former President Yoon Suk-yeol's insurrection case.
Typically, cases are decided by a panel of four justices, but if a case involves significant public interest or requires historical judicial evaluation, it may be referred to the full bench. However, it remains uncertain whether the sentencing will occur in a lower court after the full bench review.
The Supreme Court's referral raises questions about how it will assess the legal nature of the emergency martial law and the actions of the cabinet members at that time. The Seoul High Court is currently reviewing the appeal of former President Yoon's insurrection case, and this decision could significantly influence that case.
The Supreme Court's full bench has previously addressed cases related to the insurrection involving Chun Doo-hwan's military coup and Lee Seok-ki's insurrection conspiracy and incitement.
Han Duck-soo was indicted for allegedly suggesting a cabinet meeting to create the appearance that the declaration of emergency martial law on December 3, 2024, was made after cabinet deliberation, and for attempting to obtain signatures from cabinet members after the declaration. He was sentenced to 23 years in prison in the first trial, but his sentence was reduced to 15 years on appeal.
Lee Sang-min is accused of receiving orders from former President Yoon to block access to the National Assembly and other key institutions, as well as instructing the Fire Chief to take "appropriate measures." He was sentenced to seven years in the first trial, which was increased to nine years in the second trial.
With the cases now referred to the full bench, the special prosecution law stipulates that the third trial must be concluded within three months of the second trial's sentencing date, making it likely that this deadline will not be met. The deadlines for the two cases are set for August 7 and August 12, respectively. However, it is noted that this is essentially a guideline, and there are no penalties for failing to meet it.
Meanwhile, the Supreme Court also referred the appeal regarding Kim Geon-hee's involvement in the Deutsche Motors stock manipulation case to the full bench for review on July 23.
* This article has been translated by AI.
Copyright ⓒ Aju Press All rights reserved.