Mother Han Seeking Bail and Release Extension

Seeking bail while her lawyers request continued medical release beyond the 30^th September deadline

The legal position of Hak Ja Han (한학자) – also called Mother Han – leader of the Family Federation for World Peace and Unification (FFWPU), has entered a new procedural phase following her two-year prison sentence at first instance. On 23^rd September, several South Korean media outlets reported that her defense team had applied for bail before the Seoul High Court, where her appeal is now being heard. The news agency Newsis writes that the application was handed in with the 13th Criminal Division with Kim Mu-shin (김무신) as presiding judge, and Lee Woo-hee (이우희) and Yoo Dong-gyun (유동균) as associate judges.

See also Longer Medical Leave Before 1st Appeal Hearing

See also Tax Rules Put Overseas Religious Work at Risk

See also Voltaire’s Warning for Japan and South Korea

See also Mother Han’s Case Echoing a 1955 Religious Trial

The media reports also make clear, however, that bail is not the only issue: According to News1, Mother Han is already outside detention under a temporary suspension of the execution of her detention, and her lawyers have simultaneously asked for that suspension to be extended beyond its current expiry date.

These are related but legally distinct procedures. Under South Korean criminal procedure, bail (보석) is a mechanism by which a defendant who is detained may be released subject to conditions, potentially including a security deposit, restrictions on residence and other requirements. The court can cancel bail if, for example, there are grounds to believe that the defendant may flee or destroy evidence, fails to appear, or violates the conditions imposed.

Suspension of the execution of detention (구속집행정지) is different. Rather than constituting ordinary bail, it temporarily suspends the enforcement of an existing detention order. Article 101 of South Korea’s Criminal Procedure Act allows a court, when there is sufficient reason, to suspend detention, including by entrusting the defendant to an appropriate person or restricting the defendant’s residence. In Mother Han‘s case, this mechanism has already enabled her to remain outside detention, with the present order keeping her released until 6 p.m. on 30^th September.

According to Newsis, her lawyers submitted a new application on 23^rd September to extend this suspension of detention. News1 and Edaily likewise report that the existing suspension is approaching its expiration and that Mother Han‘s side is seeking continued release, citing health difficulties including surgery following a shoulder fracture and problems with her eyesight. Thus, the request for an extension is important in its own right: unless the court extends the existing order or grants another form of release, the temporary basis on which she is currently outside detention will expire.

There is a further procedural development that News1 emphasizes. The special-prosecutor team headed by Special Prosecutor Min Joong-gi (민중기) had appealed against the court’s decision extending Mother Han’s suspension of detention, but the court rejected that appeal on 23^rd September. In other words, the prosecution sought to challenge her continued temporary release, while the court did not accept that challenge. News1 reports that Hak Ja Han (한학자) therefore remains temporarily released under the existing order until 30^th September.

This should not be confused with the appeal against the criminal conviction itself. Mother Han and the special-prosecutor team have both appealed the 31^st August first-instance judgment. The criminal appeal therefore concerns the underlying conviction and sentence, whereas the dispute over suspension of detention concerns whether she should remain outside custody while that appeal proceeds. Under the Criminal Procedure Act, decisions concerning detention, bail and suspension of detention in an appeal case are handled in accordance with the procedural rules governing the appellate court.

The background is the 31^st August first-instance judgment. Newsis and Edaily report that Mother Han received one year for violating the Political Funds Act and a further year for violations of the Improper Solicitation and Graft Act and occupational embezzlement. News1 writes that the court found her guilty of providing 100 million won in cash to former lawmaker Kweon Seong-dong (권성동), making so-called “split donations” to People Power Party lawmakers, and providing Kim Keon-hee (김건희) with luxury items including a Chanel bag and a Graff diamond necklace.

At the same time, the first-instance court did not convict her on every allegation. Newsis and Edaily report that the court dismissed the indictment concerning alleged obstruction of an investigation into overseas gambling and acquitted her of the alleged embezzlement of Family Federation funds.

The immediate procedural picture, therefore, is: Mother Han is appealing her two-year sentence; she is currently outside detention under a temporary suspension; her lawyers have applied both for bail and for a further extension of that suspension; and the special prosecutor’s challenge to the existing suspension has been rejected. The next question is whether the appellate court will extend the present suspension, grant bail, or otherwise alter the conditions of her release before the 30^th September deadline.

See also Longer Medical Leave Before 1st Appeal Hearing

See also Tax Rules Put Overseas Religious Work at Risk

See also Voltaire’s Warning for Japan and South Korea

See also Mother Han’s Case Echoing a 1955 Religious Trial

Text: Knut Holdhus, editor

Featured image above: Mother Han arriving in the heavy rain at Seoul Central District Court on 31^st August 2026. Photo: Michael Balcomb

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