South Korean Prosecutors Seek Death Penalty for Ex-President
- - South Korean Prosecutors Seek Death Penalty for Ex-President
Chad de GuzmanJanuary 14, 2026 at 6:19 AM
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A mask of former South Korean President Yoon Suk-yeol lies on the street after a protest in front of the National Assembly in Seoul on Dec. 3, 2025.
Credit - Chris JungâNurPhoto/Getty Images
South Koreaâs prosecutors are seeking the harshest penaltyâdeathâfor the nationâs disgraced former President Yoon Suk-yeol over his short-lived martial law declaration in late 2024, after which he was arrested and impeached.
The special prosecutorâs team made the request during the final hearing of Yoonâs trial, which began Tuesday morning at the Seoul Central District Court but stretched on after midnight into Wednesday.
In their statement reported by Korean media, prosecutors accused Yoon of leading an insurrection, arguing that he, along with his fellow defendants in court, declared martial law with the purpose of âmonopolizing power and maintaining long-term ruleâ and âdisregarded the suffering of the people and for the sake of their own lust for power.â
They also argued, in making the case for capital punishment, that Yoon âshowed no remorseâ and had not apologized to the people of South Korea.
Upon hearing the sentence request, the 65-year-old Yoon smiled inscrutably from his dock in court, while the gallery reportedly erupted with jeers from his supporters.
Yoon also gave his final remarks shortly after midnight. In his 90-minute statement, Yoon harangued the prosecutors, saying they remind him âof a pack of wolves blindly chasing after the whistle blown by the Democratic Partyââreferring to the now-ruling party led by Yoonâs liberal rival and successor Lee Jae-myungââand by the dark forces that have long ruled this country.â
Yoon also countered the argument that he was attempting to cling on to power through his martial law declaration. âHow would I even manage a long-term dictatorship? I wouldnât even know how to do it if I were asked,â he reportedly said. âHow could someone like me, an idiot, even attempt a coup?... You need political savvy for that.â
The court is slated to issue its ruling on Feb. 19.
What did Yoon do?
Yoon, a staunch conservative and former prosecutor-general who was elected to South Koreaâs top office in 2022, declared emergency martial law on Dec. 3, 2024. The declarationâwhich was accompanied by accusations against the then-opposition Democratic Party that held a legislative majority, making Yoon a lame-duck President, of engaging in âanti-stateâ activitiesâonly lasted six hours before lawmakers stepped in and invalidated it.
Observers said the move amounted to political suicide: he was impeached 11 days later, and was formally ousted from the presidency the following April.
Shortly after taking office in June, Lee swiftly approved legislation that launched independent probes into Yoonâs martial law gambit as well as other criminal allegations involving Yoon and those in his orbit.
Seven former military and police officials were tried alongside Yoon for their alleged part in imposing martial law.
Yoon has repeatedly defended his declaration of martial law, and said in his latest court statement that the public saw his decision as âa measure to protect the freedom and sovereignty of the people and to preserve the nation and its constitution.â
Prosecutors in Tuesdayâs hearing, which focused on the insurrection charge, refuted Yoonâs claims of protecting democracy, saying that the former President worked with the police and military âto forcibly suspend the exercise of power and functions of the National Assembly, while attempting to arrest political opponents and blockade critical media outlets.â They also argued that Yoonâs martial law declaration triggered sordid memories for South Koreans, saying that people âimmediatelyâ expressed âextreme anxiety and angerâ while ârecalling memories of the martial law and power seizure by the Chun Doo-hwan and Roh Tae-woo regimes in 1980,â referring to the countryâs former Presidents, both of whom were convicted of insurrection and other offenses.
The trial over Yoonâs alleged insurrection is just one of his eight separate criminal cases over activity during his scandal-ridden tenure. Among the other charges he faces are ordering drone flights over North Korea to foment tensions and justify his martial law declaration, and attempting to manipulate an investigation into a South Korean marineâs drowning, which Yoon allegedly tried to alter to exclude blame being placed on a specific commander. Yoon has denied all the charges leveled against him.
Will Yoon get the death penalty?
South Koreaâs criminal code spells out the possible penalties that an insurrection ringleader could face: death, life imprisonment with labor, or life imprisonment without labor.
Experts tell TIME, however, that the seeking of the death penalty for Yoon is largely a symbolic gesture. âIt is more likely that a life sentence will be imposed, or that even if a death sentence is initially handed down, it will later be commuted to life imprisonment through presidential pardon,â says Kang Won-taek, a professor of politics at Seoul National University, adding that the country has effectively maintained a moratorium on executions.
The Presidentâs office said in a statement after the request for the death penalty that it believes the judiciary âwill make a ruling in accordance with the law, principles, and the public's expectations.â
South Korea pushed through with its last executions in December 1997, and while convicts have been sentenced to death in recent years, no executions have taken place since 1997, which rights groups have viewed as a de facto abolition.
Courts also donât always uphold death sentences. In the case of former President Chun, prosecutors also sought capital punishment on insurrection charges, but an appellate court reduced a previously handed death sentence to life imprisonment. Chun and his successor Roh, whose two-decade initial prison term was also shortened, both received presidential pardons a few years later.
Imposing the death penalty on Yoon would be a regression for South Korea, says Amnesty Internationalâs Chiara Sangiorgio. âNo one is above the law, including a former president, but seeking the death penalty is a step backward,â she said in a statement. âThe death penalty is an inherently cruel, inhuman and irreversible punishment that has no place in a justice system that claims to respect human rights.â
However the legal proceedings conclude, Ryu Yongwook, an assistant professor at the National University of Singaporeâs Lee Kuan Yew School of Public Policy, says that the tensions birthed by Yoonâs martial law declaration are unlikely to die anytime soon. âWith Yoon trying to drum up his dwindling but very vocal supporters,â he says, âthe political battle might still linger on.â
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Source: âAOL Breakingâ