Prosecutors Seek Death Penalty for Former South Korean President Yoon Over Failed Martial Law Attempt

South Korean prosecutors are seeking the death penalty for former president Yoon Suk Yeol over his failed attempt to impose martial law in December 2024, which they say amounted to leading an insurrection. Although the move lasted only hours and caused no deaths, prosecutors argue Yoon’s actions threatened democracy and national stability. Yoon denies the charges, saying the declaration was symbolic and within his presidential powers. The court is expected to deliver its verdict in February.

Prosecutors in South Korea have formally requested that former president Yoon Suk Yeol be sentenced to death if he is found guilty over his failed attempt to impose martial law, a move that briefly destabilised the country and triggered a major political crisis. The request was made during closing arguments at a Seoul court, where Yoon is standing trial on charges of leading an insurrection, the gravest offence under South Korean law.
The case centres on Yoon’s decision in December 2024 to declare martial law, an extraordinary action that lasted only a few hours but sent shockwaves across the nation. Although the measure was swiftly overturned, it plunged South Korea into months of political turmoil. In the aftermath, parliament voted to impeach Yoon, and he was later detained to face criminal prosecution, becoming the first sitting South Korean president to be taken into custody.
Prosecutors have described Yoon as the central figure behind the alleged insurrection, accusing him of abusing presidential power in a bid to subvert democratic order. They argue that while the attempt did not result in any fatalities, the intention behind the declaration of martial law was inherently violent and posed a serious threat to the constitutional system. According to the prosecution, Yoon was driven by what they characterised as a desire for absolute power, with ambitions of dictatorship and long-term rule.
Yoon has strongly denied all charges against him. His defence maintains that the declaration of martial law was not meant to be enforced in practice, but was instead a symbolic gesture intended to draw public attention to what he described as serious wrongdoing and obstruction by the opposition party. He has argued that, as president, he possessed the legal authority to declare martial law and that his actions were taken in what he believed to be the national interest.
Under South Korean law, the crime of leading an insurrection carries only two possible sentences: the death penalty or life imprisonment. Prosecutors are required to request one of these punishments when pursuing such a charge, leaving the court to decide between them. Although South Korea has not carried out an execution in nearly three decades, capital punishment remains legal. In a notable historical precedent, former military ruler Chun Doo-hwan was sentenced to death in 1996 for his role in a 1979 coup, though his sentence was later commuted to life imprisonment.
In presenting their case, prosecutors told the Seoul Central District Court that the greatest victims of Yoon’s actions were the South Korean people, whose democratic rights and national stability were placed at risk. They argued that there were no mitigating circumstances that should lessen Yoon’s responsibility, insisting that a severe punishment was necessary to reflect the seriousness of the offence.
The court heard testimony from a senior military commander who said Yoon had ordered the arrest of lawmakers during the attempted coup, a claim that prosecutors say demonstrates the former president’s intent to suppress democratic institutions. They also submitted as evidence a memo written by one of the planners of the martial law, a former military officer, which reportedly suggested the “disposing” of hundreds of individuals, including journalists, labour activists and elected officials.
Yoon’s trial has been combined with those of two other senior officials from his administration. Former defence minister Kim Yong-hyun is facing a request for life imprisonment, while former police chief Cho Ji-ho could be sentenced to 20 years in prison for allegedly carrying out Yoon’s illegal orders. Five other defendants are also standing trial in connection with the case.
Yoon attended court to hear the closing arguments and reiterated his position that his actions were lawful. According to Yonhap news agency, he told the court that he declared martial law to counter what he described as “wickedness that would ruin the nation.” Legal proceedings were initially expected to conclude last Friday, but extended into Tuesday amid reports that defence lawyers had delayed the process.
The court is expected to deliver its verdict in February, though legal experts note that sentences sought by prosecutors are not always upheld by South Korean judges. Yoon, now 65, was officially removed from office in April following his impeachment. He has since remained in detention while facing multiple criminal trials. In a separate case last month, prosecutors sought a 10-year prison sentence for him on charges of obstruction of justice and other offences linked to the martial law attempt.
Yoon’s sudden declaration of martial law on 3 December 2024 shocked both South Koreans and the international community. At the time, he claimed the move was necessary to protect the country from North Korean communist forces, but critics viewed it as an attempt to cling to power amid growing domestic political challenges. The short-lived declaration triggered widespread uncertainty and unrest, ultimately reshaping South Korea’s political landscape.
Following Yoon’s impeachment, a snap election was held in June, resulting in the victory of current president Lee Jae Myung. Despite his dramatic fall from power, Yoon continues to command loyalty among some right-wing supporters, who see him as a martyr willing to confront the liberal Democratic Party led by President Lee.