‘Participation in insurrection’ Park Seong-jae gets 25 years in first trial…Court “Helped subdue forces opposing Yoon Suk Yeol” - 경향신문

This article was translated by an AI tool. Feedback Here.

Former Minister of Justice Park Seong-jae (left in the photo), indicted on charges of participating in the 12·3 insurrection, and former Minister of Government Legislation Lee Wan-kyu (right in the photo), indicted on charges of violating the National Assembly Testimony and Appraisal Act, appear separately on the 22nd at the Seoul Central District Court in Seocho-gu, Seoul, for their first-instance sentencing hearings. On this day, the court sentenced former Minister Park, who had been tried on charges including engaging in an important duty for insurrection and abuse of authority, to 25 years in prison and took him into custody in the courtroom, while it dismissed the indictment against former Minister of Government Legislation Lee Wan-kyu. Yonhap News Agency

Former Minister of Justice Park Seong-jae, indicted on charges of participating in the illegal 12·3 martial law declared by former President Yoon Suk Yeol, was sentenced to 25 years in prison at the first trial. The bench reaffirmed that the proclamation of martial law by former President Yoon constituted an insurrection aimed at subverting the constitutional order, and judged that Park bore heavy responsibility for aligning with it.

The Seoul Central District Court Criminal Division 33 (presiding judge Lee Jin-gwan) handed down this sentence on the 22nd in the trial of Park on charges including engaging in an important duty for insurrection and abuse of authority with obstruction of the exercise of rights. The bench ordered his immediate detention in court, citing “a concern over destruction of evidence.” This is higher than the 20-year prison term previously sought by Special Counsel Cho Eun-seok’s team for the insurrection case.

When former President Yoon declared emergency martial law on December 3, 2024, Park convened a senior staff meeting at the Ministry of Justice, directed a review of dispatching prosecutors to the Joint Investigation Headquarters of the Martial Law Command, and checked the capacity of correctional facilities, actions for which he stands accused of participating in the insurrection. According to the special counsel for the insurrection case, after the lifting of martial law Park also had the inspection division of the Ministry of Justice draft a ‘document on abuse of authority’ containing arguments that justified the martial law.

On this day the court found Park guilty on both the charge of engaging in an important duty for insurrection and the charge of abuse of authority. The bench stated, “As Minister of Justice, the defendant bore a heavy duty to safeguard the Constitution, yet, thinking the insurrection might succeed, ultimately turned away from that duty and instead chose to join as one of its members.” It continued, “In particular, the task the defendant carried out was an essential requirement to achieve the ‘core precondition of the 12·3 insurrection,’ namely to subdue the political opposition to Yoon Suk Yeol and block a request by the National Assembly to lift emergency martial law, and, as a result, the Republic of Korea could have regressed to a dark past in which the basic liberal democratic order was trampled and from which it might not emerge.”

The court also explained its sentencing reasons: “The defendant either made false statements without hesitation before investigative authorities and in court, or, despite the existence of objective physical evidence such as CCTV (closed-circuit television), consistently maintained the stance of ‘I do not remember anything.’ Although during questioning in court the defendant said, ‘I feel great responsibility and am sorry,’ that sincerity is hard to recognize.”

The court further determined that Park recognized ‘covering up the case of Mr. Myeong Tae-gyun’along with neutralizing the National Assemblyas one of the purposes behind the declaration of emergency martial law by former President Yoon. It found it reasonable to view that, before declaring martial law, former President Yoon disclosed the plan to proclaim emergency martial law to Park while referring to the nomination-interference allegation involving Mr. Myeong in which First Lady Kim Keon-hee was implicated.

Park was also charged with violating the Improper Solicitation and Graft Act for, in May of last year, receiving from First Lady Kim Keon-hee an inquiry related to the luxury-bag investigation and having his working-level staff check it. The court, however, dismissed the indictment on this count, judging that the case was unlikely to fall within the investigative scope of the special counsel as defined by the Special Counsel Act. The bench stated, “Telegram messages (related to the investigation) from Kim Keon-hee and others found on the defendant’s mobile phone are unlikely to have a concrete and individual relation to cases involving charges of insurrection and external treason associated with the proclamation of martial law.”

The court also dismissed the indictment for former Minister of Government Legislation Lee Wan-kyu, who was tried alongside Park, on the charge of violating the National Assembly Testimony and Appraisal Act. Lee had been accused of perjury for testifying at the National Assembly Legislation and Judiciary Committee that a meeting at a safe house attended by Park and others was a ‘social gathering,’ but the bench found that this matter likewise did not fall within the investigative scope of the special counsel. Regarding this, the court added, “If the dismissal of the indictment becomes final, absent special circumstances, reinvestigation and indictment may proceed through due process so that harmony can be sought between the principle of due process and the ascertainment of substantive truth.”

Park stared blankly with a stern expression for about one hour while the sentencing was delivered. There was no particular change in expression even when the bench read the dispositive part, stating, “Sentence: 25 years in prison.” At the detention hearing conducted immediately after the sentencing, Park briefly stated, “I have never refused to appear or attempted to flee. My address has never changed.” When the bench promptly said after the hearing, “He will be taken into custody in court,” he discussed something with the attorney seated beside him with a calm face.

After the sentencing, Park’s defense counsel said they would “of course appeal,” indicating they would contest the factual findings and legal issues again. In contrast, Deputy Special Counsel Jang Woo-seong said, “The ruling confirms that the Minister of Justice is the last bastion for the protection of human rights and the constitutional order,” and added, “As for the parts where the indictments were dismissed, we will determine whether they fall within the scope of investigation by the consolidated special counsel and may transfer them in the future.”