Executive Summary
- Seoul High Court launches special appellate panels for martial law cases involving the former administration.
- Former President Yoon Suk Yeol appeals a life sentence for insurrection and a five-year term for obstruction.
- Criminal Division 1 and 12 assigned to handle cases under the Special Act on Criminal Procedures.
- Former PM Han Duck-soo and ex-Defense Minister Kim Yong-hyun also face appellate review for significant prison terms.
The Seoul High Court established special appellate panels on Monday to adjudicate appeals regarding the December 3, 2024, martial law declaration, specifically assigning cases involving former President Yoon Suk Yeol and other high-ranking officials convicted of insurrection and obstruction.
According to judicial officials, the court has designated Criminal Division 1 and Criminal Division 12 to handle these proceedings. The assignments were made under the authority of the Special Act on Criminal Procedures for Insurrection, Foreign Aggression and Rebellion Crimes, which mandates dedicated judicial oversight for crimes of significant national impact.
Court records indicate that Criminal Division 1 will preside over former President Yoon’s appeal regarding his conviction for obstruction of justice. On January 16, the Seoul Central District Court sentenced Yoon to five years in prison for interfering with investigators who attempted to execute a detention warrant during the probe into the martial law decree. This sentencing followed his impeachment in December 2024 and subsequent removal from office by the Constitutional Court in April 2025.
In a separate ruling issued last Thursday, the lower court sentenced Yoon to life in prison after convicting him of leading an insurrection related to the martial law declaration. This life sentence is expected to be a central focus of the appellate review alongside the obstruction charge.
Criminal Division 12 has been assigned the appeal of former Prime Minister Han Duck-soo. The Seoul Central District Court sentenced Han to 23 years in prison on January 21 for his key role in the martial law event. The panels will also review cases involving former Defense Minister Kim Yong-hyun, who received a 30-year sentence for mobilizing military forces, and former Interior and Safety Minister Lee Sang-min, sentenced to seven years for ordering utility cuts during the crisis.
It is important to note that while these individuals have been convicted in the first instance, they are presumed innocent regarding any pending charges or unfinalized verdicts until the appellate process is exhausted.
Judicial Procedural Outlook
The activation of these specialized divisions marks a critical phase in South Korea’s legal response to the 2024 martial law crisis. By utilizing the Special Act on Criminal Procedures, the judiciary is streamlining the litigation of complex insurrection charges that involve constitutional interpretations of executive power. Legal observers note that the High Court’s handling of these appeals will likely establish enduring precedents regarding the liability of state actors in mobilizing military assets for political aims, testing the robustness of the nation’s democratic safeguards against internal rebellion.
