Prosecutors seek 10-year sentence for Yoon over martial law declaration

Former President Yoon Suk Yeol speaks during a hearing at the Seoul Central District Court, Wednesday. Yonhap

A special prosecution team investigating former President Yoon Suk Yeol’s short-lived imposition of martial law late last year sought a 10-year prison sentence on Friday, accusing him of obstructing the execution of an arrest warrant and abusing his authority while in office.

The sentencing request, made during closing arguments at the Seoul Central District Court, comes after a year of political turmoil triggered by Yoon’s ill-fated declaration of martial law last winter. It is the first of seven criminal cases involving the former president to reach the sentencing phase.

The order — which deployed armed paratroopers to the National Assembly and stunned the international community — was short-lived, but it sparked a constitutional crisis that effectively paralyzed his administration and accelerated legal scrutiny by a special prosecutor that is now reaching its first critical juncture in court.

Prosecutors are seeking five years in prison for the obstruction of official duties, three years for abuse of power, and two years for falsifying official documents and exercising them unlawfully. They accused Yoon of using state institutions to conceal wrongdoing and undermine constitutional checks and balances.

“The defendant abused his authority to conceal his crimes and privatized state institutions for personal purposes,” the special counsel said, adding that Yoon disregarded constitutional safeguards designed to restrain presidential power.

Legal experts said the sentence request reflects the gravity of the alleged conduct.

“Given the nature of the acts involved, which are closely tied to undermining the constitutional order, the prosecution’s request appears proportionate,” said Han Sang-hie, a professor of law at Konkuk University. “From the perspective of restoring constitutional order, a heavy sentence is not unreasonable.”

Han added that while this is only one of several trials Yoon is facing, the prosecution’s request appears to reflect the seriousness of the alleged actions rather than an attempt to set a benchmark for future cases.

“It would be speculative to say this was intended as a signal for other trials,” Han said. “Rather, it seems to be a sentence corresponding to the gravity of the conduct itself.”

The obstruction of justice charge stems from an incident on Jan. 3, when Yoon allegedly blocked investigators from the Corruption Investigation Office for High-Ranking Officials while holed up for weeks in his official residence. Prosecutors said Yoon ordered members of the presidential security service, armed and in tactical gear, to block the investigators, effectively turning them into a private force to prevent the execution of the arrest warrant.

“The mobilization of heavily armed security personnel to block a lawfully issued warrant is unprecedented,” the special prosecutor said.

Yoon is also accused of abusing his authority during a Cabinet meeting ahead of the declaration of martial law on Dec. 3 last year by summoning only select ministers and excluding others, thereby infringing on their right to deliberate.

Prosecutors further allege that Yoon instructed aides to issue statements to the news media claiming the declaration of martial law was constitutional and that lawmakers had not been blocked from entering the National Assembly. He is also accused of ordering the deletion of secure phone server records involving senior military officials ahead of the investigation.

Additionally, prosecutors said Yoon attempted to retroactively fabricate official documents related to the martial law declaration after it was lifted, including securing signatures from then–Prime Minister Han Duck-soo and former Defense Minister Kim Yong-hyun.

Han said the court is likely to issue a sentence broadly in line with the prosecution’s request, given the clarity of the alleged acts.

“Considering the nature of the conduct and the circumstances before and after the events, it would not be surprising to see a sentence that closely reflects the prosecution’s request,” he said.

Yoon was first indicted in late January on charges of leading an insurrection and faces multiple criminal trials. The court has said it will deliver a verdict by Jan. 16, in accordance with a legal requirement that trials under the special counsel law conclude within six months of indictment.