In brief
On Thursday, Seoul’s High Court heard prosecutors’ appeal for the death penalty for former President Yoon Suk‑yeol, who was previously sentenced to life imprisonment for declaring emergency martial law in December 2024. The request, led by special counsel Cho Eun‑suk, echoes an earlier demand and cites the president’s attempt to deploy troops against Parliament as violating constitutional order. Yoon will deliver his final statement next Thursday as the court schedules further hearings.
In a hearing at the Seoul High Court on Thursday, prosecutors once again sought the death penalty for former President Yoon Suk‑yeol on insurrection charges linked to his December 2024 declaration of martial law.
Special counsel Cho Eun‑suk’s team presented the request during the appellate trial that began after a lower court handed Yoon a life sentence in February for orchestrating a riot through the brief martial‑law order. The court will hold two more hearings before setting a sentencing date, with Yoon’s final statement scheduled for next Thursday.
Background of the Martial‑Law Incident
On the night of Dec. 3, 2024, Yoon declared martial law in an attempt to "eradicate anti‑state forces," according to the prosecutors’ brief. The order was lifted only six hours later after a National Assembly vote. During that brief period, troops were deployed to the Parliament compound, a move the lower court described as an effort to "paralyze parliament and arrest key politicians." The court found those actions to be part of an insurrection, the highest charge for a ringleader that carries only the death penalty, life imprisonment, or life imprisonment without labor.
Yoon maintains that his declaration was a warning to an opposition‑controlled Parliament amid its impeachment attempts and budgetary disputes. In his defence, he has argued that no war or national emergency existed at the time.
Prosecutors’ Request for Capital Punishment
A member of Cho’s team stated,
There is no reason to hesitate to hand down the death penalty. The strongest argument for objection to the death penalty is the possibility of a misjudgment just in case, but in this case, there is no room for that.
In the same tone, the team said, "The commander in chief who had sworn to abide by the Constitution instead sent troops armed with guns pointing at the people. This was an unforgivable crime that destroyed the constitutional order and tried to turn back the clock of the Republic of Korea by 40 years."
Prosecutors also noted that the practice of not carrying out the death penalty in South Korea—where the last execution occurred in 1997—should not be an excuse for leniency. Amnesty International has pointed out that South Korea is an abolitionist in practice, yet the maximum penalty remains lawful for an insurrection ringleader.
Yoon was formally removed from office in April 2025 after the Constitutional Court upheld his impeachment over the martial‑law declaration, triggering a snap presidential election. The appeal remains one of eight trials involving the former president, his wife’s alleged corruption, and a 2023 marine officer death.
The Seoul High Court will consider the plea in a second set of hearings before setting a final sentencing date. Yoon is expected to deliver his closing remarks during the upcoming session next Thursday.
