South Korean prosecutors have called for the death penalty against former President Yoon Suk Yeol, accusing him of leading an insurrection when he attempted to impose martial law on the country in December 2024. The demand came during a final hearing that lasted 17 hours and stretched past midnight, with a three-judge panel set to deliver its verdict and sentence on February 19.
Background
Yoon declared martial law on December 3, 2024, during a televised address to the nation. He accused the opposition of being an anti-state force and claimed they were trying to overthrow democracy by blocking his budget plans and impeaching cabinet members. The declaration triggered one of the most serious political crises in South Korea's recent history.
The martial law lasted only six hours. At 1:02 a.m. on December 4, the National Assembly voted unanimously to lift it, with 190 lawmakers present. Military and police personnel attempted to prevent the vote, but lawmakers passed the motion anyway. Yoon and his cabinet lifted the martial law at 4:30 a.m.
The failed attempt sparked massive public protests and led to Yoon's impeachment. He was arrested on January 15, 2025, and indicted for leading an insurrection on January 26, becoming the first sitting president in South Korean history to face such charges.
Key Details
Special prosecutor Cho Eun-suk's team argued that Yoon orchestrated the martial law decree to consolidate power by seizing control of the judiciary and legislature. Prosecutors characterized the action as a crime aimed at neutralizing constitutional state bodies.
"This was a crime of insurrection aimed at neutralising constitutional state bodies to extend power through military and police forces," the special counsel said.
Yoon stood accused of being the ringleader of the insurrection. During the final hearing on Tuesday, when prosecutors announced their request for the death penalty, Yoon shook his head in disbelief and let out a contemptuous laugh, maintaining his defiant posture throughout nine months of court proceedings.
Other officials also face serious charges. Prosecutors demanded life imprisonment for former Defence Minister Kim Yong-hyun, who urged Yoon to enact martial law during a last-minute cabinet meeting shortly before the declaration. Retired army intelligence chief No Sang-won, accused of designing the martial law plan, faces a 30-year prison term.
Yoon faces multiple charges beyond the insurrection allegations. These include accusations of corruption, trading favors, and rebellion. Prosecutors also allege that Yoon ordered drones to fly over North Korea to provoke Pyongyang as a pretext for declaring martial law.
Yoon's wife, former First Lady Kim Gong-hui, is also facing legal troubles. She is on trial for corruption, accused of bribery and accepting luxury gifts. She faces a possible sentence of 15 years in prison and is due to be sentenced later this month.
The Court's Path Forward
The three-judge panel will weigh the prosecution's request for the death penalty against any mitigating factors when it delivers its verdict on February 19. The public gallery at the final hearing was packed with Yoon's supporters, who erupted into protests, forcing the presiding judge to repeatedly call for order.
Yoon has denied all accusations. In December, he stated that he would "fight to the end" and characterized the martial law declaration as an "act of governance" to protect against anti-state forces. He issued an apology for declaring martial law on December 7 but has maintained his defiant stance throughout the legal proceedings.
What This Means
The case represents a watershed moment for South Korea's democracy and judicial system. The Constitutional Court unanimously upheld Yoon's impeachment and removal from office on April 4, affirming that his martial law declaration violated the constitution.
If the death penalty is imposed, Yoon could become a polarizing figure. Some observers have suggested that such a sentence could transform him into a martyr for his supporters, potentially deepening political divisions in the country.
The trial has drawn international attention as a test of South Korea's commitment to the rule of law and democratic principles. The case involves questions about the limits of presidential power, civilian control of the military, and the consequences of attempting to overturn constitutional governance.
The verdict in February will determine not only Yoon's fate but also send a signal about how South Korea's legal system handles the most serious challenges to its democratic order.
