An independent prosecutor urged for the capital punishment of former South Korean president Yoon Suk Yeol on charges of rebellion linked to his brief enforcement of martial law in December 2024. Yoon, who was ousted from his position in April and is currently incarcerated, is facing multiple legal proceedings concerning the martial law incident and other controversies that emerged during his tenure. The accusation of inciting a rebellion stands as the most serious charge against him.
The team led by independent counsel Cho Eun-suk formally requested the Seoul Central District Court to impose the death penalty on Yoon, characterizing his decree as acts against the state and a self-coup. They alleged that Yoon’s objective was to extend his authority by dismantling the established constitutional framework of governance.
During a subsequent appearance at the courtroom, Yoon criticized the investigations into his alleged rebellion, labeling them as aggressive and tainted by manipulation and distortion. Yoon, known for his conservative stance, reiterated that his decree was a desperate measure to highlight the perceived threat posed by the liberal opposition Democratic Party, which obstructed his policy agenda using its legislative majority. He argued that the exercise of presidential emergency powers should not be equated with rebellion.
The court is anticipated to render a verdict in February, with experts predicting a life imprisonment sentence for Yoon. South Korea has not carried out any executions since 1997, and the imposition of capital punishment by local courts has been infrequent in recent times.
Yoon is poised to become the first former South Korean president facing the possibility of a death sentence following his term, a situation reminiscent of former military leader Chun Doo-hwan, who was sentenced to death in 1996 for orchestrating a military coup in 1979. Chun’s death penalty was later commuted to life imprisonment before he eventually received a pardon and was released.
Yoon’s unprecedented declaration of martial law mobilized armed forces in Seoul, an event not witnessed in over four decades. Although no major injuries were reported, the move evoked memories of past dictatorships when military-backed regimes employed martial law and emergency decrees to suppress pro-democracy protests using soldiers and armored vehicles in public spaces.
On the night of Yoon’s martial law announcement, a large crowd gathered at the National Assembly to protest the decree and demand his resignation. Sufficient lawmakers, including members of Yoon’s own party, managed to convene and vote down the decree within the assembly hall.
Observers characterized Yoon’s actions as political suicide, marking a dramatic downfall for the former prominent prosecutor who ascended to the presidency in 2022, just a year after entering politics. The National Assembly proceeded to impeach him, leading to his removal by the Constitutional Court.
Yoon’s martial law decree precipitated a power vacuum, causing political upheaval, disrupting high-level diplomacy, and unsettling financial markets in South Korea. Lee Jae Myung, a former Democratic Party leader who spearheaded Yoon’s impeachment, was swiftly elected president in a subsequent election last June. Upon assuming office, Lee appointed three independent prosecutors to investigate allegations concerning Yoon, his spouse, and associates.
The presidential office expressed its expectation for the judiciary to adjudicate Yoon’s case in accordance with the law, principles, and public expectations. Speculation had circulated that Yoon had resorted to martial law to shield his wife, Kim Keon Hee, from potential corruption probes. However, following a six-month inquiry concluded last month by independent counsel Cho’s team, it was determined that Yoon had orchestrated the imposition of martial law over a year to eliminate political adversaries and consolidate power.