Insurrection Trial Former PM Han Duck-soo's Pretrial Detention Set to Expire...Possibility of Shift to Non-Detention Trial Sparks Legal Community Debate
![[Seoul=Newsis] Reporter Choi Jin-seok = On the 7th, when former Prime Minister Han Duck-soo, who was indicted on charges including insurrection key duties related to the Dec. 3 emergency martial law incident, was sentenced to 15 years imprisonment in the second trial, related news is visible in Seoul Station's main hall. On this day, the Seoul High Court Criminal Division 12-1 (Presiding Judge Lee Seung-chul, Jo Jin-gu, Kim Min-ah), the insurrection-dedicated trial division, sentenced former PM Han to 15 years imprisonment in the appellate trial on charges of insurrection key duties and aiding insurrection. Former PM Han received a sentence 8 years lighter than the first trial's 23 years imprisonment. 2026.05.07. myjs@newsis.com /Choi Jin-seok / Newsis](https://www.suwonilbo.kr/img/write/pe2f86e701f0217869fdebcb9ae6beea663d2c941.jpg)
As the expiration of pretrial detention (November 20th) for former Prime Minister Han Duck-soo, who is on trial on charges of insurrection key duties, draws near, the legal community's attention is focusing on whether a verdict will be rendered within the deadline and the possibility of trial continuation after release.
According to the legal community on the 10th, the Supreme Court en banc is scheduled to hold its second deliberation session on November 19th, one day before former PM Han's pretrial detention expires, and continue deliberations. If the Supreme Court fails to issue a final ruling before the detention expiration date, former PM Han will undergo the remaining trial in a non-detained state in accordance with provisions of the Criminal Procedure Act.
Former PM Han was previously sentenced to 23 years imprisonment in the first trial and 15 years imprisonment in the second trial. The Supreme Court referred the case to the en banc in August, taking into account its constitutional and legal significance. Under the current Criminal Procedure Act, the maximum pretrial detention period in appellate trial is limited to 6 months (maximum 2 extensions of 2 months each), making November 20th the deadline.
Positions Sharply Divided Over Trial Proceedings
The Special Prosecutor's team maintains that a verdict should be issued within the detention period, as there are concerns about disruptions in sentence execution or the defendant's flight if a key defendant sentenced to a heavy term is released. If necessary, they are not ruling out the possibility of obtaining additional arrest warrants on separate charges.
Conversely, the defense counsel and some observers argue that given the gravity of the insurrection charges and the critical legal issues at stake, thorough and meticulous legal review should take priority over being pressed by the detention expiration deadline. They point out that conducting trial in a non-detained state upon expiration of the detention period complies with the principles of the Criminal Procedure Act.
Public attention is focused on whether the Supreme Court will reach a final conclusion before the detention expiration date or proceed with deliberations after converting to non-detained status.
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