South Korean Court Sentences Former Minister to Seven Years for Role in Martial Law Insurrection

Former South Korean Minister Lee Sang-min receives a seven-year prison sentence for his role in a martial law insurrection.
Breaking news graphic regarding South Korean court martial law ruling. Breaking news graphic regarding South Korean court martial law ruling.
By MDL.

Executive Summary

  • Former Minister Lee Sang-min sentenced to seven years for insurrection and duty offenses.
  • Court ruled Lee ordered power and water cutoffs to media outlets under martial law decrees.
  • The judge rejected defense claims of ignorance regarding the order’s unconstitutionality.
  • Lee was also convicted of perjury for false testimony given during impeachment trials.

SEOUL — The Seoul Central District Court on Wednesday sentenced former Minister of the Interior and Safety Lee Sang-min to seven years in prison for his involvement in an insurrection connected to a declaration of emergency martial law. The court found Lee guilty of ordering critical infrastructure cutoffs to media outlets as part of an unconstitutional plan to subvert the constitutional order, acting under directives from former President Yoon Suk Yeol.

Presiding Judge Ryu Kyung-jin of the 32nd Criminal Division stated that the defendant received specific documents from former President Yoon detailing plans to blockade the National Assembly and disable media operations. According to court findings, Lee passed these instructions to Heo Seok-gon, the then-head of the National Fire Agency, ordering the disruption of power and water supplies to five specific media organizations. The court ruled that these actions constituted key tasks in the insurrection, aimed at paralyzing state institutions.

Evidence presented during the trial included testimony from former Commissioner General Heo, who stated that Lee explicitly named the targeted media outlets during a phone call on the night of the martial law declaration. The court rejected the defense’s argument that Lee was unaware of the illegality of the martial law decree, citing the specific nature of the execution plans involving military and police deployment. Additionally, Lee was found guilty of perjury for previous false testimony regarding these orders during constitutional court proceedings.

While the court acquitted Lee on a separate charge regarding budget preparations for an emergency legislative body due to insufficient recollection by witnesses, it emphasized the severity of the primary charges. The ruling noted that the insurrection acts disregarded legitimate constitutional procedures and violently attempted to disable the National Assembly’s authority. It is important to note that while a sentence has been rendered in this first trial, all individuals are presumed innocent until proven guilty through the finality of the appellate process.

Judicial Implications

This verdict sets a substantial precedent in South Korean jurisprudence regarding the liability of high-ranking cabinet officials who execute unconstitutional orders from a head of state. By rejecting the defense of ignorance or obedience to superior orders, the court has reinforced the legal principle that ministerial accountability extends to safeguarding democratic institutions against internal subversion. The sentencing underscores the judiciary’s role in penalizing administrative complicity in acts deemed to threaten the constitutional framework, signaling rigorous legal consequences for future governance violations.

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