South Korea prosecutors seek death penalty for ex-president Yoon over martial law bid

Prosecutors in South Korea have formally asked a court to impose the death penalty on former president Yoon Suk Yeol if he is found guilty of leading an insurrection linked to his failed attempt to impose martial law in December 2024.

The request was made during closing arguments at the Seoul Central District Court, where prosecutors described Yoon as the “ringleader of an insurrection” that plunged the country into severe political turmoil, even though the military rule lasted only a few hours. Yoon was impeached by parliament shortly after the incident and later taken into custody to face criminal trial.

Yoon has denied the charges, arguing that the declaration of martial law was a symbolic move intended to draw public attention to what he described as misconduct by the opposition. He has maintained that, as president at the time, he had the constitutional authority to declare martial law and said the move was meant to protect the nation.

South Korea prosecutors seek death penalty for ex-president Yoon
Yoon Suk Yeol

Under South Korean law, leading an insurrection is one of the most serious criminal offences and carries either the death penalty or life imprisonment. Prosecutors are required to seek one of the two sentences. While South Korea has not carried out an execution in nearly three decades, the death penalty remains on the statute books.

In court, prosecutors argued that Yoon’s intent was inherently violent, even though no deaths occurred during the failed martial law attempt. They accused him of acting out of a “lust for power aimed at dictatorship and long-term rule,” adding that the true victims of the case were the South Korean people. They told the court there were no mitigating circumstances that would justify leniency.

As part of their case, prosecutors cited testimony from a senior military commander who said Yoon ordered the arrest of lawmakers during the brief imposition of military rule. They also presented a memo written by one of the planners of the martial law, a former military officer, which allegedly suggested “disposing” of hundreds of individuals, including journalists, labour activists and politicians.

Yoon’s trial has been merged with those of other senior figures from his administration. Prosecutors are seeking life imprisonment for former defence minister Kim Yong-hyun and a 20-year prison sentence for former police chief Cho Ji-ho, accusing them of carrying out Yoon’s unlawful orders. Several other defendants are also facing charges.

Yoon, 65, attended court to hear the final arguments. Legal proceedings were extended beyond their original schedule amid reports of delays by defence lawyers. The court is expected to deliver its verdict in February, though sentences requested by prosecutors are not always upheld by South Korean judges.

Yoon was removed from office in April 2025, becoming the first sitting South Korean president to be arrested and charged. He has been held in detention for months while facing multiple criminal cases. In a separate matter last month, prosecutors sought a 10-year prison sentence for obstruction of justice and related offences connected to the martial law episode.

The former president’s short-lived declaration of martial law shocked South Korea and drew international attention. While Yoon claimed the move was necessary to counter alleged threats and internal instability, critics viewed it as an attempt to cling to power amid mounting political pressure.

South Korea’s current president, Lee Jae Myung, was elected in June following a snap election triggered by Yoon’s impeachment. Despite his downfall, Yoon retains support among some right-wing groups, who portray him as a leader who challenged the liberal opposition.

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