Prosecutors Seek Death Sentence for Former South Korean President Yoon Over Martial Law Rebellion Case

BY EMMANUEL OGBONNA

An independent counsel on Tuesday formally asked a Seoul court to impose the death penalty on former South Korean President Yoon Suk Yeol, accusing him of leading a rebellion through his short-lived imposition of martial law in December 2024, a move prosecutors described as a grave assault on the nation’s constitutional order.

Yoon, who was removed from office last April and is currently in detention, is facing eight separate criminal trials stemming from his declaration of martial law and a series of other alleged abuses of power that emerged during his presidency. Among the charges, prosecutors say the allegation that he directed a rebellion is the most serious, carrying the possibility of either capital punishment or life imprisonment under South Korean law.

Independent counsel Cho Eun-suk and her investigative team told the Seoul Central District Court that Yoon’s martial law decree amounted to “anti-state activities” and constituted what they called a “self-coup.” Prosecutors argued that the former president sought to neutralize the constitutional structure of governance in order to prolong his hold on power, bypassing democratic checks and balances and undermining civilian rule.

According to the prosecution, Yoon had planned for more than a year to impose martial law, with the aim of suppressing political rivals and consolidating authority. The investigation concluded that the move was not a spontaneous reaction to political deadlock but a calculated effort to reshape the political landscape in his favor.

Appearing in court later Tuesday, Yoon rejected the accusations, denouncing the rebellion investigation as “frenzied” and accusing prosecutors of manipulation and distortion. He maintained that his declaration of martial law fell within the scope of presidential emergency powers and could not legally be considered rebellion. Yoon, a conservative who rose to prominence as a hard-charging prosecutor before entering politics, said his decision was driven by what he described as an urgent need to alert the public to the dangers posed by the liberal opposition Democratic Party.

He argued that the opposition, which held a majority in the National Assembly at the time, had systematically blocked his legislative agenda, paralyzing the government. In his view, the decree was a political warning rather than an attempt to seize power by force.

The court is expected to deliver its verdict in February. Legal experts say that while the prosecution’s demand for the death penalty underscores the gravity of the charges, the most likely outcome would be a life sentence if Yoon is convicted. South Korea has not carried out an execution since 1997, and courts have rarely imposed death sentences in recent decades.

If sentenced to death, Yoon would become the first former South Korean president since ex-military ruler Chun Doo-hwan to receive such a punishment. Chun was sentenced to death in 1996 for his role in a military coup and other crimes, though his sentence was later commuted to life imprisonment before he was eventually pardoned and released.

Yoon’s downfall followed his declaration of martial law, the first such move by a South Korean leader in more than four decades. The decree sent armed troops into the streets of Seoul, surrounding the National Assembly and entering election-related offices. While no major injuries were reported, the sight of soldiers in the capital revived painful memories of the country’s authoritarian past in the 1970s and 1980s, when military-backed governments used emergency powers to suppress pro-democracy movements.

On the night the decree was announced, thousands of protesters gathered outside the National Assembly, demanding Yoon’s resignation. Despite military deployments, enough lawmakers — including members of Yoon’s own party — managed to enter the assembly chamber and vote to overturn the martial law order, dealing a decisive blow to his authority.

The episode was widely described by observers as political suicide for Yoon, whose rapid ascent from prosecutor to president in 2022 had once marked him as a reformist outsider. The National Assembly soon impeached him, and the Constitutional Court later upheld his removal from office, plunging the country into a period of political uncertainty.

The crisis disrupted South Korea’s diplomacy, stalled key policy initiatives and unsettled financial markets. In the snap election held last June, former Democratic Party leader Lee Jae Myung won the presidency after leading the impeachment effort against Yoon. Upon taking office, Lee appointed three independent counsels to investigate allegations involving Yoon, his wife, and close associates.

The presidential office said Tuesday that it expects the judiciary to rule on Yoon’s case in accordance with the law, legal principles and public expectations.

Speculation had circulated that Yoon turned to martial law in part to shield his wife, Kim Keon Hee, from looming corruption investigations. However, prosecutors said their six-month inquiry found no evidence that her legal troubles were the primary motive. Instead, they concluded that Yoon’s actions were driven by a long-term strategy to eliminate political opponents and monopolize power.

Beyond the rebellion case, Yoon faces several other trials that could result in lengthy prison terms. Prosecutors have already sought a 10-year sentence for charges related to his alleged defiance of authorities attempting to execute a detention warrant, as well as accusations of abuse of power and falsification of official documents. Yoon’s legal team has dismissed those demands as politically motivated and legally excessive.

Other cases involve allegations that Yoon ordered drone flights over North Korea to deliberately heighten tensions and create a pretext for declaring martial law, interfered with an investigation into the drowning of a marine in 2023, and accepted free opinion polling from an election broker in exchange for political favors. Yoon has denied all wrongdoing in every case.

Legal analysts say the cumulative sentences from these trials could become significant if Yoon avoids the death penalty or life imprisonment in the rebellion case. Both Yoon and the independent counsel retain the right to appeal any verdict, potentially sending the case through higher courts and ultimately to the Supreme Court. A final ruling from the country’s top court could come later this year.

The fallout from the martial law episode has extended beyond Yoon himself. Dozens of senior officials and military commanders from his administration have been arrested, indicted or placed under investigation for their roles in enforcing the decree. On Tuesday, prosecutors also sought a life sentence for former Defense Minister Kim Yong Hyun and prison terms ranging from 10 to 30 years for former senior military and police officials.

In August, Yoon’s wife was arrested and indicted on bribery and other charges, further underscoring the breadth of the legal reckoning facing the former first family as South Korea confronts one of the most dramatic political collapses in its modern history.