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Special Prosecutor Seeks Death Penalty For Former President Yoon Over December Martial Law

Special Prosecutor Seeks Death Penalty For Former President Yoon Over December Martial Law
A woman holds a sign bearing South Korean national flag with a portrait of former President Yoon Suk Yeol, as they wait for his arrival for the final arguments in his insurrection trial, at a court in Seoul, South Korea, January 13, 2026. REUTERS/Kim Hong-Ji

The special prosecutor in Seoul has requested the death penalty for former president Yoon Suk Yeol, accusing him of masterminding an insurrection tied to a brief declaration of martial law in December 2024. Prosecutors say they uncovered an alleged plot stretching back to October 2023 involving Yoon and ex-defence minister Kim Yong-hyun. Yoon denies wrongdoing, arguing the move was within his presidential authority; the court is expected to rule in February. The case recalls the 1995–1996 trials of Chun Doo-hwan and Roh Tae-woo and notes South Korea has not executed anyone since 1997.

SEOUL, Jan 13 — A South Korean special prosecutor on Tuesday asked a court to sentence former president Yoon Suk Yeol to death, accusing him of orchestrating an insurrection by briefly imposing martial law in December 2024.

Prosecutors say the indictment invokes a provision of South Korean law that permits capital punishment for insurrection, and that investigators uncovered an alleged scheme dating back to October 2023 which they say was directed by Yoon and his former defence minister, Kim Yong-hyun, to help Yoon remain in power.

In closing arguments at the Seoul Central District Court, the special prosecutor criticised the declaration of emergency martial law as unlawful and disruptive to democratic institutions. The prosecutor told the court investigators had confirmed a coordinated plan and added that the defendant had not shown sincere remorse.

"Yoon... claims to have committed emergency martial law to protect liberal democracy, but his unconstitutional and illegal emergency martial law undermined the function of the National Assembly and the Election Commission... actually destroying the liberal democratic constitutional order," the prosecutor said in final arguments.

Yoon, 65, denies the charges. He maintains that declaring martial law was within his presidential powers and says the move was intended to sound a warning about opposition parties' obstruction of government business.

Special Prosecutor Seeks Death Penalty For Former President Yoon Over December Martial Law
A bus carrying former President Yoon Suk Yeol arrives for the final arguments in his insurrection trial, at a court in Seoul, South Korea, January 13, 2026. REUTERS/Kim Hong-Ji

The Seoul Central District Court is expected to deliver its ruling in February. The sentence requested by prosecutors is not automatically imposed by Korean courts; judges often issue different penalties or commute requests on appeal.

Historical Context

The case echoes the high-profile 1995–1996 prosecutions of former presidents Chun Doo-hwan and Roh Tae-woo, in which prosecutors sought the death penalty for Chun and life imprisonment for Roh. Chun was initially sentenced to death and Roh to 22½ years in prison; on appeal Chun's sentence was commuted to life and Roh's term was reduced to 17 years. Both were later pardoned after serving roughly two years.

South Korea last imposed a death sentence in 2016, but it has not executed anyone since 1997.

The office of President Lee Jae Myung, who succeeded Yoon after last year's election, said it "believes the judiciary will rule... in accordance with the law, principles, and public standards." Reuters reported on the proceedings; reporting by Joyce Lee and Kyu-seok Shim; editing by Andrew Heavens and Alexandra Hudson.

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