Former South Korean President Faces Death Penalty Demand in Historic Insurrection Trial

Overview

South Korean prosecutors have formally requested the death penalty for former President Yoon Suk Yeol, marking one of the most consequential legal moments in the country’s modern democratic history. The request comes as Yoon stands trial on charges of leading an insurrection through his short‑lived declaration of martial law in December 2024 — an act prosecutors describe as an attempted “self‑coup.”
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🔍 Background: The 2024 Martial Law Crisis

• On December 3, 2024, Yoon abruptly declared emergency martial law, accusing the opposition‑controlled parliament of “anti‑state activities.”
• Troops were deployed to the National Assembly, and civilian rule was briefly suspended for roughly six hours before lawmakers overturned the decree.
• The move triggered national shock, political paralysis, and widespread public concern about democratic backsliding.
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Yoon was impeached 11 days later and formally removed from office in April 2025. He became the first sitting South Korean president ever detained while in office.

⚖️ The Charges

Prosecutors accuse Yoon of:

• Leading an insurrection — one of the few crimes still punishable by death in South Korea
• Abuse of power
• Obstructing justice
• Coordinating covert military actions, including alleged drone flights over North Korea to manufacture a pretext for martial law.

The prosecution argues that Yoon’s actions were:

• A deliberate attempt to seize long‑term power
• A threat to the constitutional order
• Motivated by “lust for power aimed at dictatorship.”

🧑‍⚖️ Prosecution’s Argument

During marathon closing hearings — some lasting up to 17 hours — prosecutors asserted that:

• Yoon showed no remorse
• His actions inflicted “serious shock and anxiety” on the public
• No mitigating factors exist to justify leniency

Special Counsel Cho Eun‑suk urged the court to impose the harshest penalty available, arguing that Yoon’s conduct surpassed even historical cases involving military dictators.

🛡️ Yoon’s Defense

Yoon has rejected all accusations, insisting:

• His declaration of martial law was lawful
• He acted to “protect the nation and its constitution.”
• The investigation is politically motivated and “manipulated.”

His legal team compared him to historical figures like Galileo and Giordano Bruno, arguing that majorities can be wrong and that Yoon is being unfairly persecuted.

📌 Political and Historical Context

• South Korea has not executed since 1997, though the death penalty remains legal.
• Former Presidents Chun Doo‑hwan and Roh Tae‑woo were convicted of insurrection in the 1990s; Chun initially received a death sentence later commuted to life imprisonment.

Legal experts widely believe that even if Yoon receives a death sentence, actual execution is unlikely, and the case will move through lengthy appeals.

📅 What Happens Next

• The Seoul Central District Court is scheduled to deliver its verdict on February 19, 2026.
• Yoon faces multiple additional trials, including charges related to national security and obstruction of justice.