Former Justice Minister Sungjae Park Sentenced to 25 Years in First Trial for Insurrection Participation... Taken Into Custody in Court

"Performed Essential Duties to Achieve the Core Objective of the Insurrection"

Former Minister of Justice Sungjae Park has been sentenced to a prison term after being tried for his involvement in the 12·3 Martial Law and for allegedly granting a request related to the investigation of First Lady Kunhee Kim.

Seongjae Park, Minister of Justice. Photo by Hyunmin Kim

On the afternoon of June 22, the 33rd Criminal Division of the Seoul Central District Court (Presiding Judge Lee Jinkwan) sentenced former Minister Park to 25 years in prison on charges of carrying out important duties in an insurrection, abuse of authority, and violation of the Anti-Graft Act. The special prosecutor team for the insurrection, led by Eunseok Cho, had previously sought a 20-year sentence at the sentencing hearing on April 27.

The court stated, "Rebellions intended to undermine constitutional order are extremely difficult to restore to their original state, so it is inevitable that severe punishment is necessary to prevent them in advance," and added, "In particular, the duties performed by former Minister Park were essential conditions for achieving the core objective of the insurrection." The court further remarked, "There was a real risk that the nation could have remained under dictatorial rule for a long period, contrary to fundamental rights and the order of liberal democracy," and added, "It does not appear that former Minister Park has sincerely reflected on his actions or attempted to help restore the damage suffered by the public and the nation."

Regarding the charge of carrying out important duties in an insurrection, the court acknowledged, "Former President Seokyeol Yoon declared martial law without meeting the substantive or procedural requirements," and added, "Former Minister Park was fully aware that, as a consequence, the National Assembly's authority would be forcibly neutralized, and recognized the unconstitutionality and illegality of the martial law proclamation in this case."

The abuse of authority charge was also found to be proven. The court explained, "He instructed the officer in charge of travel bans to come to the office to prepare for a rapid response, and directed staff at the Correctional Headquarters and Seoul Detention Center to secure additional detention space, thereby violating the principles of duty execution," and added, "Former Minister Park abused his authority by forcing others to perform tasks that were not part of their official duties."

However, the charge of violating the Anti-Graft Act was dismissed. The court determined that the special prosecutor team did not have investigative authority over the case. Former Minister Park had been accused of issuing inappropriate instructions to subordinates after receiving a request from First Lady Kunhee Kim in May last year to look into the circumstances behind the establishment of a special investigation team at the Seoul Central District Prosecutors' Office concerning the luxury bag case. The court stated, "There is a risk that the scope of the special prosecutor's investigation could be expanded without limit, which would violate constitutional principles," and added, "It is difficult to see a concrete connection between the Telegram messages exchanged with Mrs. Kim, which were extracted from a seized mobile phone, and the crime of insurrection."

Former Minister Park was accused of convening a meeting of Justice Ministry executives after the declaration of martial law in 2024 and participating by ordering the dispatch of prosecutors to a joint investigation headquarters, checking the capacity of correctional facilities, and instructing travel ban officers to report to work. He was also charged with having the Prosecutors' Division at the Justice Ministry draft a document justifying martial law, immediately after its termination, which contained arguments supporting the abuse of authority. Park's defense had argued that he was merely fulfilling his duties as Minister of Justice under martial law and thus not guilty.

In addition, charges against former Minister of Government Legislation Wankyu Lee, who was indicted for perjury after testifying in the National Assembly that no discussion on martial law took place during a so-called "safe house meeting" held immediately after martial law was lifted, were dismissed. The court stated, "The facts of the indictment are legally and factually distinct from the charges of insurrection and treason," and, "They do not fall under the crimes of insurrection or treason as defined by the Special Prosecutor Act."

Meanwhile, former Minister Park was taken into custody in court on this day. In a hearing concerning the appropriateness of his detention, he argued, "I have never refused to appear or attempted to flee," but the court judged that the risk of evidence destruction was greater.

This content was produced with the assistance of AI translation services.