Former Justice Minister Receives Lengthy Prison Sentence
A Seoul court has sentenced former Justice Minister Park Sung-jae to 25 years in prison on charges related to the December 3rd emergency martial law declaration. This sentence significantly exceeds the 20-year term sought by the special prosecution team that investigated the case.
Key Charges and Court’s Reasoning
The Seoul Central District Court’s criminal division, presided over by Judge Lee Jin-gwan, found Park guilty of severe offenses including dereliction of duty during the emergency martial law and abuse of power. The court stated that Park, believing the coup might succeed, intentionally evaded his duties and instead chose to participate in the alleged plot.
Allegations of Aiding a Coup
Park’s alleged involvement centered on orders given immediately after the emergency martial law was declared on December 3rd. These orders included directing the Ministry of Justice’s joint investigation headquarters, conducting on-site inspections of detention facilities, and ordering the absence of the official in charge of export controls. The court viewed these actions as Park’s tacit support for the alleged coup attempt by then-President Yoon Suk-yeol.
However, the court acquitted Park of charges related to obtaining information about the investigation into a ‘Dior bag’ scandal, stating that these actions fell outside the scope of the special prosecution’s mandate.
Court’s Interpretation of Coup Motives
The court determined that the emergency martial law was declared with the intent to suppress political opposition and militarize the National Assembly. Specifically, the court believes that then-President Yoon aimed to silence political adversaries who held a majority in the National Assembly by mobilizing the military. Park was found to have been aware of this objective and provided assistance.
Despite Park’s defense that his actions as Justice Minister were legitimate duties, including ordering travel bans and inspecting detention facilities, the court did not accept these arguments.
Abuse of Power Charges Upheld
The court also found Park guilty of abuse of power for directing subordinates to draft a ‘statement’ justifying the emergency martial law after its lifting. This document allegedly cited ‘unilateral legislation by the opposition’ and ‘budgetary estimations’ as reasons for the martial law, and the court found that these points were later used in then-President Yoon’s address to the nation.
Concerns Over Sentencing Discrepancies
Legal circles are expressing concern over the perceived inconsistencies in sentencing for individuals involved in similar coup-related charges. For instance, Lee Sang-min, a former head of the Ministry of Government Legislation who faced charges for his role in the emergency martial law, received a 7-year sentence in the first trial and a 9-year sentence in the second. The significant difference in sentencing between Park and Lee, both allegedly involved in similar duties on the day of the declaration, has raised questions.
Some judges have criticized the presiding judge, Lee Jin-gwan, for what they deem excessive sentencing. Judge Lee had previously presided over the first trial of former Prime Minister Han Duck-soo, where he recommended additional charges related to the coup attempt and allegedly pressured witnesses. This judge also handed down a 23-year sentence in the first trial of former Prime Minister Han, significantly exceeding the 15-year term sought by prosecutors, although the sentence was later reduced on appeal.
Acquittal in Separate Case
In a separate development, the court acquitted former Justice Minister Lee Won-gyu of charges related to the emergency martial law, stating that the special prosecution’s investigation did not cover his alleged actions. Lee was accused of fabricating charges regarding discussions about the martial law in the National Assembly after its lifting.
