An independent prosecutor urged for the capital punishment of former South Korean president Yoon Suk Yeol on charges of rebellion stemming from his brief enforcement of martial law in December 2024. Yoon, who was stripped of his presidency in April and is currently incarcerated, is facing multiple legal proceedings linked to the martial law incident and other controversies that arose during his tenure. Of these charges, the allegation of inciting a rebellion is the most severe.
The counsel led by Cho Eun-suk formally requested the Seoul Central District Court to hand down a death sentence to Yoon, portraying his decree as acts against the state and a self-coup. The team asserted that Yoon’s objective was to extend his authority by undermining the established constitutional framework of governance.
Yoon, a conservative figure, criticized the investigations into his rebellion charges as aggressive, alleging manipulation and distortion. He emphasized that his decree was a response to what he perceived as the threat posed by the liberal opposition Democratic Party, which obstructed his policies using its legislative power. Yoon maintained that the utilization of emergency presidential powers should not be equated with rebellion.
The court is anticipated to render a verdict in February, with experts predicting a probable life sentence for Yoon. South Korea has not carried out any executions since 1997, and death penalties have been seldom issued by local courts in recent times.
Yoon’s situation marks the first instance of a former South Korean president facing a potential death penalty post-office since the sentencing of former military leader Chun Doo-hwan in 1996 for his involvement in a military takeover in 1979. Chun’s death sentence was later commuted to life imprisonment before he was eventually pardoned and released.
Yoon’s declaration of martial law, a rare occurrence in over four decades, resulted in the deployment of armed forces in Seoul, surrounding the National Assembly and election offices. While no significant injuries were reported, the event evoked memories of past dictatorships where military-backed regimes utilized martial law to suppress pro-democracy demonstrations.
On the night of Yoon’s martial law decree, crowds gathered at the National Assembly demanding his resignation, leading to a vote against the decree by lawmakers, including members of Yoon’s own party. Observers viewed Yoon’s actions as political suicide, culminating in a dramatic downfall for the former prosecutor who ascended to the presidency in 2022.
Following his impeachment by the National Assembly and subsequent dismissal as president by the Constitutional Court, Yoon’s decree triggered political upheaval, disrupted diplomatic efforts, and unsettled financial markets in South Korea. Lee Jae Myung, a former Democratic Party leader instrumental in Yoon’s impeachment, assumed the presidency through a snap election in June, appointing three independent prosecutors to investigate allegations involving Yoon, his spouse, and associates.
The presidential office expressed confidence in the judiciary’s adherence to the law, principles, and public expectations in the case against Yoon. Speculation had circulated that Yoon invoked martial law to shield his wife, Kim Keon Hee, from potential corruption probes. However, following a six-month inquiry, Cho’s team of independent counsels concluded that Yoon orchestrated the imposition of martial law over a span of a year to eliminate political rivals and consolidate power.