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Prosecutors seek death penalty for ex-South Korean president Yoon over failed martial law bid

Special prosecutors on Tuesday asked a South Korean court to impose the death penalty on former President Yoon Suk-yeol, accusing him of leading an insurrection in a failed attempt to retain power by unlawfully seizing control of the judiciary and legislature.

The request was made during the final hearing at the Seoul Central District Court, more than a year after Yoon declared martial law on Dec. 3, 2024, saying it was necessary to eradicate what he described as anti-state forces.

As prosecutors presented their sentencing request, Yoon “smiled slightly from the dock,” according to the report, while some of his supporters inside the courtroom shouted insults.



In a statement released shortly after the hearing, Cheong Wa Dae said it “expects the judiciary to issue a verdict on the Special Prosecutor’s sentencing request in accordance with the law and principles, and in a manner that meets public expectations.” Legal sources said the court is expected to issue a verdict in February.

Yoon was indicted in January 2025 on charges of leading an insurrection by declaring martial law. Prosecutors accused him of fomenting a riot aimed at subverting the Constitution, conspiring with former Defense Minister Kim Yong-hyun and others, and unlawfully declaring martial law in the absence of war or an equivalent national emergency.

According to the charges, Yoon ordered troops and police to seal off the National Assembly complex to prevent lawmakers from voting against his decree. 

He was also accused of ordering the arrest and detention of the National Assembly speaker, as well as the leaders of the ruling party and the main opposition party at the time.

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Under South Korea’s Criminal Code, the crime of leading an insurrection carries only three possible penalties: death, life imprisonment with hard labor, or life imprisonment without hard labor. Fixed-term sentences and suspended sentences are not permitted.

Yoon became the first sitting South Korean president to be charged with physical detention. He was released in March following a court order, but returned to prison in July after additional charges were filed, all linked to the attempted imposition of martial law.

Tuesday’s hearing began in the morning and lasted about 11 hours before prosecutors issued their final opinion and sentencing requests, Asianews reported. 

They sought a life sentence for former Defense Minister Kim Yong-hyun, 30 years in prison for former Defense Intelligence Command commander Noh Sang-won, 20 years for former National Police Agency chief Cho Ji-ho, and 15 years for former Seoul Metropolitan Police Chief Kim Bong-sik.

South Korea is considered a de facto abolitionist state, having carried out no executions since December 1997.

The case recalls the trial of former President Chun Doo-hwan, who was sentenced to death in 1996 for his role in the 1979 coup and the violent suppression of the 1980 Gwangju democratization movement. 

His sentence was later commuted to life imprisonment, and he was pardoned in 1997 by then-President Kim Dae-jung as part of a national reconciliation effort.

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