Prosecutors sought a fine for former Prime Minister Han Duck-soo, who was indicted on charges of making an illegal donation at a restaurant in Gwangju shortly before the 21st presidential election. Prosecutors argued that a fine is unavoidable because the surrounding circumstances show Han already intended to run for president.
At the final hearing on the 3rd before Criminal Division 22 of the Seoul Central District Court, presided over by Senior Judge Cho Hyung-woo, prosecutors asked the court to impose a fine of 1 million won.
Han visited Gwangju on April 15 last year as acting president, following the impeachment of former President Yoon Suk Yeol. During the visit, he donated 1.5 million won of his own money to a restaurant that supports underprivileged people. Prosecutors indicted Han without detention in December last year, saying the donation violated the Public Official Election Act.
Article 113 of the Public Official Election Act bars candidates and those intending to become candidates from making donations within their electoral district. Prosecutors noted that Han declared his presidential bid about two weeks after the donation. They argued that a person qualifies as someone intending to become a candidate as long as the intent to run can be inferred from the person's position, contacts and conduct. "The court should consider that he began his first public outreach in Gwangju and that, after declaring his candidacy, he visited the May 18 cemetery and said he too was a Honam native," prosecutors said. They also cited calls within the then-ruling bloc to nominate Han as its presidential candidate.
Han's side, by contrast, argued for acquittal, saying there was no evidence that he had expressed any intent to run at the time. The donation was part of his response to economic issues and followed customary practice during visits to check on conditions on the ground, they said.
In his final statement, Han said he had judged it his duty as acting president to manage the national crisis. "I did not hint at any intention to run to anyone around me, and I made no election preparations whatsoever," he said. "The prosecution's charge, which retroactively treats all of my past conduct as electioneering simply because I decided to run about two weeks after the incident, does not match the facts," he said, appealing for acquittal. The court concluded arguments that day and set the verdict for 2 p.m. on the 1st of next month.
Separately, Han faces additional charges, including allegations that he failed to appoint Constitutional Court justice nominees Ma Eun-hyuk, Jeong Gye-seon and Cho Han-chang, who had been selected by the National Assembly, while serving as acting president. Prosecutors last month sought a five-year prison term in that case, with a verdict due on the 26th of next month. On charges of playing a key role in an insurrection related to the Dec. 3 emergency martial law declaration, he was sentenced to 15 years in prison at an appeals trial in April. That case has been referred to the Supreme Court's full bench.
