South Korean prosecutors have requested the death penalty for former President Yoon Suk Yeol over his failed attempt to impose martial law in 2024, marking a critical juncture in the legal aftermath of his ouster. The request was made during closing arguments at the Seoul Central District Court on Tuesday, where Yoon faces charges of insurrection and abuse of power for his actions that plunged the country into political turmoil.
Yoon’s downfall began in December 2024 when he declared martial law, citing threats from North Korea and domestic opposition. The move was quickly deemed unconstitutional by the Supreme Court, leading to his impeachment by parliament and removal from office in April. He has been detained since, facing multiple trials related to the incident. The insurrection charge, the most severe, carries potential sentences of death or life imprisonment, with prosecutors arguing for the former due to the gravity of the offense.
During the trial, prosecutors accused Yoon of orchestrating a ‘self-coup’ aimed at establishing a dictatorship, threatening South Korea’s democratic order. They presented evidence including testimony from military commanders and memos suggesting plans to arrest lawmakers and others. Yoon has denied the charges, claiming he acted within presidential powers to address national security concerns and opposition party obstructions. His defense portrayed the martial law declaration as a symbolic gesture to highlight governmental dysfunction.
The legal proceedings have been complex, with the trial involving several co-defendants, including former defense minister Kim Yong-hyun and police chief Cho Ji-ho, for whom prosecutors sought life imprisonment and 20 years, respectively. The court is expected to deliver verdicts in February, though sentences are not always aligned with prosecutors’ requests. This case is historic, as Yoon is the first sitting South Korean president to be arrested and charged, following a pattern of legal actions against former leaders.
South Korea has not executed anyone since 1997, maintaining an unofficial moratorium on the death penalty. Even if Yoon receives a death sentence, it is unlikely to be carried out, but the request underscores the severity with which the judiciary views the charges. Past instances, such as the death sentence for former dictator Chun Doo-hwan in 1996 (later commuted), provide context for the current case, highlighting the country’s ongoing struggle with political accountability.
Politically, the trial has deepened divisions in South Korea. Yoon retains support from right-wing factions who see him as a martyr against liberal forces, while critics argue his actions endangered democracy. The current president, Lee Jae Myung, elected after Yoon’s impeachment, has stated confidence in the judiciary’s fairness. The outcome could influence future political dynamics and set precedents for handling presidential misconduct.
Looking ahead, Yoon faces additional trials on charges like obstruction of justice and aiding the enemy, with separate verdicts expected soon. The insurrection trial’s conclusion in February will be closely watched domestically and internationally, as it tests South Korea’s legal system and democratic resilience. Regardless of the sentence, the case has already reshaped the political landscape, underscoring the tensions between executive power and constitutional safeguards.
