Yoon Acquitted on Appeal for Perjury in Han Ducksoo Trial: "Lower Court's Not Guilty Verdict Is Just"

Special Prosecutor's Appeal on Rebellion Case Dismissed
"Difficult to Consider the Statement False"

Former President Yoon Sukyeol, who was brought to trial on charges of perjury in the rebellion case involving former Prime Minister Han Duck-soo, was acquitted again on appeal.

Former President Yoon Seok-yeol attended the first trial sentencing hearing for charges of violating the Public Official Election Act held at the Seoul Central District Court in Seocho-gu, Seoul, on July 27, listening to the sentencing order. Photo by Yonhap News Agency

On September 16, the first criminal division of the Seoul High Court (Chief Judge Yoon Seongsik) dismissed the appeal by Jo Eun-seok's special prosecutor team on the rebellion case regarding the first trial verdict that acquitted former President Yoon of perjury charges. The court stated, "The original court's conclusion finding the defendant not guilty is just, and there is no error that would have affected the judgment by either misunderstanding the facts or legal principles, as the prosecution argues."

Former President Yoon was accused of perjury as a witness in the trial of former Prime Minister Han in November last year. In response to the court's question, "Did you think from the outset that the required members for the Cabinet meeting should be called?" he answered, "Yes. Since martial law is declared in a way that notifies the entire world, I naturally knew that a Cabinet meeting was necessary."

The special prosecutor team argued that before the proclamation of martial law on December 3, 2024, former President Yoon only summoned some individuals, such as former Prime Minister Han, to the presidential office and had no plan to convene a Cabinet meeting. They claimed that only after hearing from the former prime minister that Cabinet deliberation was necessary did he call the other Cabinet members as well.

In the first trial, the court found that there was a plan from the beginning to convene additional Cabinet ministers, citing documents related to then-Minister of Economy and Finance Choi Sang-mok that had been prepared in advance. On this basis, it acquitted former President Yoon.

The appeals court also stated, "Based solely on the evidence provided by the prosecution, it is difficult to confirm beyond a reasonable doubt that the defendant's statement—that there was a plan from the outset to convene a Cabinet meeting and summon additional Cabinet ministers prior to Han Duck-soo's suggestion—was a false statement contrary to his memory."

The court found the testimony of former Defense Minister Kim Yonghyun, who said that former President Yoon intended to summon Cabinet members in two phases from the planning stage of martial law, to be consistent and credible. Regarding the documents handed to former Minister Choi, the court noted that former Minister Kim had prepared them in advance—along with public statements and martial law proclamations—and carried them in an envelope, concluding that “they appear to have been prepared for imminent use within a short period.”

The court rejected the testimony of the chief aide, who claimed that former President Yoon called additional Cabinet ministers only after former Prime Minister Han said, "All requirements must be met." The reason was that the chief aide heard this statement not at the first meeting, but at around 10:30 p.m. when the additional members were already being summoned.

The court also commented on the closed-circuit television (CC)TV footage showing former President Yoon attempting to leave the main meeting room at around 10:05 p.m., but returning after being persuaded by former Justice Minister Park Seongjae. The court stated, "Since the defendant attempted to leave only upon hearing there was an insufficient quorum, this does not support the prosecution's allegation."

Immediately after sentencing, former President Yoon's legal team released a statement saying, "Given the law and the evidence, this is an entirely reasonable ruling," adding, "The special prosecutor’s team indicted President Yoon solely based on their ‘imagination and possibility.’" They further stated, "The special prosecutor’s perjury indictment is becoming not a tool for revealing the truth, but a means of intimidation to silence it."

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