
Prosecution seeks death penalty for former President Yoon in appellate trial regarding 2024 martial law declaration
AI-generated summary
Yoon Suk Yeol declared emergency martial law on Dec. 3, 2024, which the Constitutional Court later ruled unconstitutional. He was previously sentenced to life imprisonment in February 2025.
The Seoul High Court said Thursday that the ruling for former President Yoon Suk Yeol's insurrection charge will be made at 2:30 p.m. on Jan. 26, at the final hearing for the appellate trial.
Wrapping up the high-profile trial, final statements were made by both the prosecution and the defendants. The defense included Yoon, former Defense Minister Kim Yong-hyun, retired military intelligence commander Noh Sang-won, former National Police Agency chief Cho Ji-ho, and former Seoul Metropolitan Police Agency chief Kim Bong-sik.
Yoon has been charged with leading an insurrection by declaring emergency martial law on Dec. 3, 2024. The other defendants are accused of taking part in what has been determined by the Constitutional Court as an unconstitutional and illegal martial law imposition.
In the final statement, Yoon reiterated his previous position that he is innocent, and that declaring martial law was not an act of coup intended to procure long-term power over the country.
He has claimed that the ruling Democratic Party of Korea — then the main opposition — proposing impeachment of officials has severely hindered the state functions.
"I thought I should notify and awaken the public that the country is in crisis due to the state affairs being paralyzed and the constitutional order collapsing," Yoon said, claiming that his actions were within his constitutional right.
Former Minister Kim also claimed that Yoon's martial law imposition was justified, while Noh said he has no regrets about his part.
Cho, on the other hand, said he deeply regrets not actively opposing the orders. Kim Bong-sik also said he feels responsible for not protecting the public's safety and democratic order.
Special counsel Cho Eun-suk's team requested that the appellate court hand the former South Korean leader the death penalty, saying a maximum punishment is necessary for his "betrayal of the people." Yoon was sentenced to a lifetime in prison in the first-instance ruling on Feb. 19, but the prosecution team said it was not enough.
The prosecution requested a life sentence for ex-Defense Minister Kim, 30 years in prison for Noh, 20 years for Cho, and 15 years for the former Seoul police chief Cho.
AI outlook — possibilities, not facts
Seoul High Court will issue a final verdict on Jan. 26.
Very likely · Within weeks

The Seoul High Court has scheduled the sentencing hearing for former President Yoon Suk Yeol for January 26, following his conviction for insurrection related to a failed martial law declaration in December 2024.

A South Korean special counsel team has requested a one-year prison sentence for Oh Dong-woon, chief prosecutor of the Corruption Investigation Office for High-ranking Officials, accusing him of dereliction of duty for failing to transfer a criminal complaint against a subordinate to the Supreme Prosecutors Office for 11 months.

The sentencing of the appeal trial for the revocation of a personnel order filed by Prosecutor Jeong Yu-mi of the Daejeon Metropolitan Public Prosecution Office, who was effectively demoted from the Supreme Prosecutor's Office to a high prosecutor-level position, is scheduled for the 3rd of next month. The first trial ruled in favor of the plaintiff, acknowledging the Ministry of Justice's abuse of personnel discretion, and the Ministry of Justice appealed and the dispute continues.

The Special Prosecution Act, which investigates allegations of fabricated indictments by prosecutors under the Yoon Seok-yeol government, is about to be submitted to the plenary session. Cases involving President Lee Jae-myung are the subject of investigation, but criticism has been raised in the legal community that there may be a conflict of interest as the president has the final authority to appoint a special prosecutor.

Former Presidential Security Service Director Park Jong-joon, who was indicted on charges of obstructing the execution of an arrest warrant for former President Yoon Seok-yeol, was sentenced to three years in prison. Because the special prosecutor and the defendant did not appeal, the second trial sentence was confirmed, and former head of the National Security Headquarters Lee Gwang-woo and former head of the Family Security Headquarters Kim Shin, who were also indicted, were sentenced to two years in prison and one year in prison, respectively, with two years of probation. However, former Deputy Director of the Ministry of National Security Kim Seong-hoon submitted an appeal and received the Supreme Court's decision.

Cho Eun-seok's team of civil war special prosecutors appealed against the first trial acquittal of eight former soldiers, including former Army 2nd Armored Brigade commander Koo Sam-hoe. The special prosecutor's team predicted that the appellate court would maintain the indictment, saying that the defendants were key commanders who participated in the plot before declaring martial law and dispatched troops to the National Assembly and the National Election Commission.