Former South Korean President Yoon Suk Yeol has been sentenced to five years in prison for charges including obstruction of justice and abuse of power related to his December 2024 martial law declaration. This verdict marks the first of multiple trials Yoon faces. Separately, prosecutors have requested the death penalty for Yoon in an ongoing trial concerning insurrection charges, with a verdict anticipated in February. These legal developments highlight the political divisions in South Korea following the events that led to Yoon's impeachment and removal from office.
Initial Conviction and Sentencing
On Friday, the Seoul Central District Court sentenced former President Yoon Suk Yeol to five years in prison. He was found guilty of several charges stemming from his martial law attempt in December 2024, including:
- Obstructing attempts to detain him, specifically by mobilizing presidential security officials to block a lawful arrest warrant at his residence.
- Abuse of power, by failing to convene a legally required full Cabinet meeting before declaring martial law and infringing on the rights of nine cabinet members to deliberate.
- Fabricating the martial law proclamation and falsifying official documents, including signing backdated documents to create a false appearance of proper cabinet approval.
- Destroying evidence by ordering deletions from phones.
Judge Baek Dae-hyun stated that Yoon, despite his duty as president to uphold the Constitution and the law, acted against them and disregarded measures designed to prevent presidential arbitrariness.
The judge cited Yoon's lack of remorse and "hard-to-comprehend excuses" as factors necessitating a "grave punishment" and emphasizing the need to restore damaged legal systems. Prosecutors had requested a 10-year prison term for these specific charges. Yoon’s legal team has indicated plans to appeal the ruling.
Rebellion Charges and Death Penalty Request
Yoon faces a more severe charge of leading an insurrection, for which an independent counsel and prosecutors have formally requested the death penalty. This trial is combined with those of former Defense Minister Kim Yong-hyun and former Police Chief Cho Ji-ho. A verdict for the insurrection trial is expected in February.
Prosecution Arguments
- Independent counsel Cho Eun-suk's team stated that Yoon declared martial law "with the purpose of remaining in power for a long time by seizing the judiciary and legislature."
- Prosecutors argued that Yoon's actions, described as "unconstitutional and illegal," undermined the National Assembly and the Election Commission, thereby "destroying the liberal democratic constitutional order."
- Evidence presented included testimony from a military commander claiming Yoon ordered the arrest of lawmakers, and a memo from a martial law planner suggesting the "disposal" of hundreds of people, including journalists, labor activists, and lawmakers.
- Prosecutors also alleged that Yoon attempted to provoke military conflict between South and North Korea to justify martial law, citing evidence of potential drone flights into North Korea.
- The prosecution highlighted Yoon's refusal to express remorse as a factor warranting a severe penalty.
Yoon's Defense
- Yoon has maintained that his martial law decree was a desperate, yet peaceful and symbolic, effort to raise public awareness about what he considered the danger posed by the liberal opposition Democratic Party, which he referred to as "a den of criminals" and "anti-state forces" obstructing his agenda.
- He asserted that the declaration was within his constitutional authority and intended to "safeguard freedom and sovereignty," accusing the opposition of "anti-state activities" and colluding with "North Korean communists."
- Yoon also argued that his arrest warrant was invalid and that legal requirements do not necessitate consulting every cabinet member before exercising emergency powers.
Legal Context
Leading an insurrection is the most severe charge Yoon faces and carries a potential death penalty or life imprisonment under South Korean law. South Korea has not carried out an execution since 1997, and Amnesty International classifies the country as "abolitionist in practice." Legal experts suggest that a life imprisonment sentence is more probable, with some noting that a death penalty is unlikely given the lack of casualties and the short duration of the decree. A precedent exists from 1996 when former military dictator Chun Doo-hwan received a death penalty for a 1979 coup, which was later commuted to life imprisonment.
Martial Law Declaration and Aftermath
On December 3, 2024, former President Yoon Suk Yeol declared martial law in a late-night address, the first of its kind in South Korea in over 40 years. This action involved:
- Deploying armed troops to Seoul streets and encircling the National Assembly, blocking access.
- Clashes with protestors and lawmakers.
- The decree evoked memories of military dictatorships in the 1970s and 1980s that used martial law to suppress pro-democracy movements.
On the night of the declaration, thousands of people protested at the National Assembly, demanding Yoon's resignation. Within three hours, 190 of the 300 National Assembly lawmakers successfully convened and unanimously voted against the decree. Yoon subsequently lifted martial law approximately six hours after its initial announcement.
The events led to significant political turmoil, affecting high-level diplomacy and rattling financial markets. Parliament then impeached Yoon, and the Constitutional Court ruled for his dismissal as president in April. Yoon, who had won the presidency in 2022, became the first sitting president to be detained in January of last year. Following his impeachment, Lee Jae Myung, a former Democratic Party leader, won a snap election in June last year and became president, subsequently appointing three independent counsels to investigate allegations involving Yoon, his wife, and associates.
Related Investigations and Kim Keon Hee's Conviction
In a separate but related development, Kim Keon Hee, Yoon's wife and former First Lady, was sentenced to 20 months in prison for corruption on Wednesday. The Seoul Central District Court found her guilty of receiving luxury gifts, including a Graff diamond necklace and a Chanel bag, from the Unification Church in exchange for promises of business favors. The court stated that she exploited her position for personal gain. She was acquitted of stock price manipulation and political funding law violation charges due to insufficient evidence. Independent counsel Min Joong-ki had requested a 15-year prison term, and his team intends to appeal the ruling.
Earlier speculation suggested that Yoon might have declared martial law to protect his wife from corruption investigations. However, an independent counsel probe concluded in December that Yoon had planned the martial law for over a year to eliminate political rivals and consolidate power, finding no evidence of Kim's involvement in the martial law declaration.
Yoon faces a total of eight criminal trials, including charges related to violating campaign law and allegedly ordering drone incursions into North Korean airspace. His trials underscore significant political divisions in South Korea, where some supporters view Yoon as a martyr. A survey conducted in December indicated that nearly 30% of South Koreans did not consider Yoon's martial law declaration to be an act of insurrection. The judicial system in South Korea often considers leniency when defendants accept guilt; however, Yoon's lack of remorse, according to prosecutors, warrants a more severe penalty.