Appeals court cuts ex-justice minister Park Sung-jae's martial law sentence to 9 years
In short
The Seoul High Court cut former Justice Minister Park Sung-jae's sentence for taking part in the 3 December martial law insurrection from 25 years to 9 years on 21 October. The court kept two of his instructions as insurrection duties but acquitted him on the personnel-dispatch instruction and on abuse of power. The Democratic Party and the Rebuilding Korea Party criticised the reduction.
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The Seoul High Court's Criminal Division 1, an insurrection-dedicated panel presided over by Judge Yoon Seong-sik, sentenced former Justice Minister Park Sung-jae to 9 years in prison on 21 October. It overturned the 25-year sentence from the first trial, so the term is 16 years shorter. Park had been tried on charges of taking part in key insurrection duties and of abuse of power obstructing the exercise of rights. [ 8 , 10 , 11 , 12 ]
The appeals court kept the first trial's finding that the martial law did not meet its substantive and procedural requirements and that Park knew it served an unconstitutional and unlawful purpose. It ruled that his instructions after the declaration, to the immigration headquarters head on exit-ban staff reporting to work and to the correctional headquarters head on checking detention capacity, counted as taking part in key insurrection duties. It did not accept the charge that he told a Justice Ministry prosecution official to cooperate with the joint investigation headquarters' personnel request, and it acquitted him of the abuse-of-power charges. Those included the charge over a document justifying martial law that was drafted after it was lifted. [ 10 , 11 , 25 , 28 ]
The court said it was hard to find that Park had plotted the martial law beforehand with Yoon Suk Yeol and Kim Yong-hyun, and that his instructions amounted to preparatory acts. Newsis quoted it as saying he appeared to be the first cabinet attendee to arrive and to have talked longest with Yoon and Kim. It also said his career meant he would have known the martial law and decree were unconstitutional. Dong-A Ilbo reported that seven charges were found guilty at first instance and two on appeal. [ 11 , 12 , 19 , 23 ]
The panel also overturned the first-instance dismissal of the case against Lee Wan-kyu, a former head of the legislation office, who was charged with violating the National Assembly Testimony Act. It sent the case back to the Seoul Central District Court, saying it falls under the insurrection special counsel law. [ 8 , 12 , 19 ]
Before the verdict, outlets noted that the first trial had sentenced Park to 25 years, above the 20 years the special counsel sought. At the appeal the team led by Cho Eun-suk asked for 25 years. Park denied the charges in his final statement. He said he had received no instruction from Yoon and had not joined any riot, and he called the first verdict a judicial killing. [ 1 , 2 , 3 , 10 ]
The Democratic Party said it felt strong regret and that the core of Park's active part in the insurrection remained. The Rebuilding Korea Party called the decision a betrayal of public expectations and urged follow-up proceedings such as a Supreme Court appeal. Seo Young-kyo was quoted as calling the ruling wrong. [ 25 , 26 , 34 ]
Why it matters
The ruling changes the outcome of one of the martial law cases, with the sentence 16 years shorter than in the first trial. The Democratic Party and the Rebuilding Korea Party criticised the cut, and the Rebuilding Korea Party called for follow-up proceedings such as a Supreme Court appeal.
Key facts
- The Seoul High Court's Criminal Division 1, presided over by Judge Yoon Seong-sik, sentenced Park Sung-jae to 9 years on 21 October, overturning a 25-year first-instance sentence. [ 8 , 10 , 11 , 19 ]
- The new sentence is 16 years shorter than in the first trial. [ 10 , 11 ]
- The court held that Park's instructions to the immigration headquarters head on exit-ban staff and to the correctional headquarters head on detention capacity counted as taking part in key insurrection duties. [ 10 , 11 , 25 ]
- The court acquitted him on the instruction to cooperate with the joint investigation headquarters' personnel-dispatch request and on the abuse-of-power charges. [ 10 , 11 , 25 ]
- The special counsel team led by Cho Eun-suk had asked for 25 years at the appeal. [ 1 , 3 , 10 ]
- The court also overturned the first-instance dismissal in the case of Lee Wan-kyu, a former head of the legislation office, and sent it back to the Seoul Central District Court. [ 8 , 12 , 19 ]
Confirmed by several sources
- Park Sung-jae was sentenced to 9 years on appeal, down from 25 years in the first trial. [ 3 , 8 , 10 , 11 , 12 , 19 , 21 ]
- The appeals court found that Park knew the martial law was unconstitutional and unlawful, as the first trial had, and that he took part actively. [ 10 , 11 , 12 , 19 , 28 ]
- The appeals court did not accept the charge on the instruction to cooperate with the joint investigation headquarters' personnel-dispatch request, and acquitted him of the abuse-of-power charges. [ 10 , 11 , 25 ]
- The appeals court overturned the dismissal of Lee Wan-kyu's case and returned it to the Seoul Central District Court. [ 8 , 12 , 19 ]
Still unclear
- Whether Park or the special counsel will appeal further. The documents do not say. The Rebuilding Korea Party urged follow-up proceedings such as the Supreme Court stage.
- Which Justice Ministry office was told to draft the 'abuse of authority document'. Some outlets name the prosecution division and others the inspection division.
What local media are saying
Timeline, local time
- Newsis previewed the sentencing, noting the first-instance sentence of 25 years. [ 1 ]
- The appeals sentencing hearing was scheduled to begin. [ 2 , 3 , 4 ]
- Yonhap and Chosun Ilbo headlines reported a 9-year sentence. [ 5 , 6 ]
- Democratic Party spokesperson Lee Yong-woo expressed strong regret in a written briefing. [ 25 ]
- The Rebuilding Korea Party expressed deep regret in a commentary. [ 26 ]