South Korean independent counsel and prosecutors have requested a death sentence for former President Yoon Suk Yeol, who is facing charges of rebellion and leading an insurrection. These charges are linked to his declaration of martial law in December 2024. Yoon was removed from office last April following impeachment by parliament and a ruling by the Constitutional Court. A verdict in his trial is anticipated in February.
Prosecution's Request and Legal Context
Independent counsel Cho Eun-suk's team formally requested the death penalty during closing arguments at the Seoul Central District Court. The legal framework for leading an insurrection in South Korea allows for a sentence of death or life imprisonment. Prosecutors asserted that Yoon's actions, including the unconstitutional imposition of emergency martial law, undermined the National Assembly and the Election Commission, thereby "destroying the liberal democratic constitutional order." They argued that Yoon's intent was violent, despite no fatalities occurring during the martial law attempt. Evidence presented included testimony from a military commander alleging Yoon ordered the arrest of lawmakers, and a memo from a martial law planner suggesting the "disposal" of hundreds of individuals, including journalists, labor activists, and lawmakers. Prosecutors also noted that Yoon has not expressed regret.
South Korea has not carried out an execution since 1997, a period of nearly 30 years, and Amnesty International classifies the country as "abolitionist in practice." Legal experts suggest a life imprisonment sentence is more probable if Yoon is convicted.
Former President's Defense
Yoon Suk Yeol has maintained his innocence, asserting that his martial law decree was within his constitutional authority and intended to "safeguard freedom and sovereignty." He described the decree as a peaceful effort to raise public awareness about what he characterized as a threat from the liberal opposition Democratic Party, which he referred to as "a den of criminals" and "anti-state forces."
Martial Law Declaration and Aftermath
On December 3, 2024, Yoon declared martial law in a late-night address, deploying armed troops to Seoul's streets, encircling the National Assembly, and reportedly attempting to enter election offices. This marked the first such decree in South Korea in over 40 years, evoking memories of past military dictatorships that used martial law to suppress pro-democracy movements.
Thousands of people gathered at the National Assembly to protest the decree and demand Yoon's resignation. Within approximately three hours, 190 of the 300 National Assembly lawmakers successfully convened and unanimously voted against the decree. Yoon subsequently lifted martial law approximately six hours after its initial announcement.
Parliament then impeached Yoon, and the Constitutional Court ruled for his dismissal as president. He was later detained in January of the previous year, becoming the first sitting president in the country to be held in custody.
Investigation and Alleged Intent
Independent counsel Cho Eun-suk's team concluded, following a six-month investigation, that Yoon had planned for over a year to impose martial law with the intent to eliminate political rivals and consolidate power, rather than solely to protect his wife, Kim Keon Hee, from corruption investigations. Special counsel reports cited Yoon's stated purpose as "remaining in power for a long time by seizing the judiciary and legislature."
Yoon's decree and the subsequent power vacuum contributed to political instability in South Korea, affecting high-level diplomatic efforts and financial markets, and deepening political divides.
Ongoing Legal Proceedings
Yoon faces a total of eight separate trials for various criminal charges related to the martial law events and other allegations from his time in office, with the rebellion charges considered the most significant. His insurrection trial has been combined with those of former defense minister Kim Yong-hyun and former police chief Cho Ji-ho. A verdict and sentencing are anticipated in February. Prosecutors have also sought a 10-year prison term for Yoon on charges of obstruction of justice and related offenses tied to his martial law attempt.
Following Yoon's impeachment, Lee Jae Myung, a former Democratic Party leader, won a snap election in June of the previous year and became president. Lee subsequently appointed three independent counsels to investigate allegations involving Yoon, his wife, and their associates.
Historical Precedent
A precedent exists from 1996 when former military dictator Chun Doo-hwan received a death penalty for his role in a 1979 coup and the subsequent expansion of martial law in 1980, which led to the Gwangju uprising. Chun's sentence was later commuted to life imprisonment.