On February 19, former President Yoon Seok-yeol will receive a first-instance ruling after being indicted on charges of being the ringleader of an insurrection related to the December 3 martial law proclamation. This legal judgment comes 443 days after the declaration of martial law.
The Criminal Agreement Division 25 of the Seoul Central District Court (Judge Ji Gui-yeon presiding) will conduct the sentencing hearing at 3 p.m. in courtroom 417. Alongside former President Yoon, seven military and police leadership figures, including former Defense Minister Kim Yong-hyun and former Police Chief Jo Ji-ho, who have been indicted on charges of engaging in critical insurrection activities, will also receive their sentences.
The sentencing hearing will be broadcast live. Former President Yoon will appear in court with his legal team.
The court is expected to briefly outline the allegations against the defendants before delivering its judgment on whether the charges of rebellion related to the December 3 martial law are established.
Previously, on January 13, the Special Prosecutor’s Office for Insurrection requested the death penalty for former President Yoon during the final trial session.
On December 3, 2024, at approximately 10:25 p.m., former President Yoon declared martial law via a public statement. Following the command of their superiors, martial law forces moved to the National Assembly, broke windows with hammers and rifles, and entered the main building. The police blocked access to the National Assembly. Despite this, the lawmakers convened and passed a resolution to lift the martial law at 1:01 a.m. Former President Yoon remained silent until lifting the martial law at 4:27 a.m. after the martial law forces withdrew.
Yoon was arrested on January 15 of last year after the second execution of a warrant by the Corruption Investigation Office for High-ranking Officials and was detained on January 19. This marked the first arrest and detention of a sitting president. The prosecution, which took over the case, arrested and indicted former President Yoon on January 26 of last year.
On April 4, the Constitutional Court decided to remove former President Yoon from office. The key issue is whether the December 3 martial law situation can be seen as a rebellion.
Article 87 of the Criminal Code, which defines insurrection, stipulates punishment for those who incite insurrection with the intent to exclude state power or disrupt the constitution in all or part of the Republic of Korea.
The Special Prosecutor’s team believes that both the purpose and specific execution of the martial law meet the criteria for rebellion.
They argue that the declaration of martial law aimed to incapacitate the National Assembly, establish an alternative emergency legislative body, and destroy the constitutional democratic basic order, including national sovereignty, parliament, political parties, and the electoral management system.
Furthermore, the martial law declaration was followed by armed military and police occupying and controlling access to the National Assembly and the Election Commission, intending to arrest politicians and thereby instigating an actual uprising.
In contrast, former President Yoon’s side contends that the measures were symbolic, intended to alert the public to crisis situations such as the opposition’s mass impeachment of major government officials and budget cuts, with no intention to disrupt the constitution through actual military rule. They argue that withdrawing the military immediately after the National Assembly passed a resolution to lift the martial law supports the notion of it being a ‘warning martial law.’
The judgment on whether the martial law constitutes rebellion has already been addressed in the first-instance rulings for former Prime Minister Han Deok-soo and former Minister of Public Administration and Security Lee Sang-min.
The criminal agreement division 33 of the Central District Court (Judge Lee Jin-gwan presiding), which sentenced former Prime Minister Han to 23 years in prison, termed the martial law a ‘top-down rebellion’ and a ‘coup to maintain power.’ The criminal division 32 of the Central District Court (Judge Ryu Kyung-jin presiding), which sentenced former Minister Lee to 7 years in prison, clearly stated, “former President Yoon and former Minister Kim Yong-hyun initiated rebellious actions.”
The statutory punishment for the ringleader of an insurrection is death, life imprisonment, or indefinite imprisonment. The Special Prosecutor’s team requested the death penalty for former President Yoon, asserting that there are no mitigating circumstances since he has not shown remorse and justified the illegal martial law.