Hwang Kyo-ahn Completely Denies 'Incitement to Rebellion' Charges at First Trial: "Simply Political Expression"

"Legally, the Crime of Rebellion Does Not Apply"

Former Prime Minister Hwang Kyo-ahn, who was indicted on charges including incitement to rebellion in connection with the December 3 Martial Law declaration, completely denied the charges at his first trial.

Former Prime Minister Hwang Kyo-ahn, charged with incitement of rebellion, is heading to the special prosecution office for internal rebellion at the Seoul High Prosecutors' Office in Seocho-gu, Seoul, on November 12 last year. Photo by Yonhap News

The 35th Criminal Division of the Seoul Central District Court (Presiding Judge Baek Daehyun) held the first hearing on July 2 for Hwang’s charges of inciting rebellion and obstruction of special official duties.

Hwang's defense attorney argued, "Although former President Yoon Suk-yeol was found guilty of rebellion in the first trial, the verdict is not yet finalized, and legally, the crime of rebellion does not apply,” adding, “The prosecution is charging former Prime Minister Hwang with incitement to rebellion based merely on two short posts that are simply political expressions.”

The attorney emphasized that the controversial posts on personal social media accounts were nothing more than intense political criticism, and cannot be regarded as concrete or substantive acts aimed at destroying the constitutional order. The attorney stated, "Even posts such as 'Arrest National Assembly Speaker Woo Wonshik' and 'Arrest Representative Han Donghoon' do not constitute incitement to rebellion," and further argued, "At the time, former Prime Minister Hwang did not consider it a rebellion and only knew that martial law had been declared, so his actions were simply expressions of political opinion under those circumstances."

Regarding the phone call with former Senior Presidential Secretary for Civil Affairs Kim Juhyun immediately after the martial law declaration, the defense explained that it was merely a response to a missed call message and that the content of the call had nothing to do with gathering information about martial law. The defense also explained that a significant number of the problematic posts were not written by Hwang himself, but rather by a third party, such as a staff member managing the account.

Additionally, the defense asserted, "He was unaware of the facts constituting unconstitutionality or illegality, and outwardly it appeared to be a legitimate exercise of presidential authority, so he supported it," arguing that "Hwang’s statements do not, by interpretation, pose a sufficiently increased risk of inciting rebellion," and pleaded not guilty.

Regarding the charge of obstruction of special official duties, the defense also stated that Hwang, who was not present at the scene, cannot be held jointly responsible. The defense cited as precedent the earlier decision by the Seoul Western District Court to dismiss arrest warrants for three supporters who were present at the scene.

Separately, the defense announced plans to submit a statement arguing that the detailed description of former President Yoon’s rebellion in the indictment may violate the principle of indictment specificity, which prohibits attaching materials to the indictment that could prejudice the judge against the defendant when bringing charges.

Previously, Hwang was brought to trial on charges of inciting rebellion by posting on social media in support of or in defense of martial law, despite being aware of its illegality immediately after former President Yoon Suk-yeol declared martial law on December 3, 2024. He also faces charges of obstruction of special official duties for allegedly refusing the special prosecutor’s search and seizure and gathering supporters to hinder the execution of warrants.

The court set the next hearing for August 14 and decided to summon former Senior Secretary Kim as a witness.

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