Death penalty requested for Yoon in insurrection case, ruling set for Feb. 19

Former President Yoon Suk Yeol speaks during a hearing in his trial on charges of leading an insurrection at Seoul Central District Court in Seocho District, Seoul, Dec. 29, 2025. Courtesy of Seoul Central District Court

A special counsel team on Tuesday sought the death penalty for former President Yoon Suk Yeol, accusing him of leading an insurrection through the unconstitutional declaration of martial law on Dec. 3, 2024. The court plans to hand down its ruling on Feb. 19.

The special prosecutors of the team described the martial law declaration as “an unprecedented and grave act of constitutional destruction.”

The request for capital punishment came during the closing hearing of Yoon’s criminal trial, marking a pivotal moment in one of the most consequential cases in Korea’s modern constitutional history. Under Korea’s Criminal Act, the crime of leading an insurrection carries only three possible penalties: death, life imprisonment with labor or life imprisonment without labor. Fixed-term sentences and suspended sentences are not permitted.

The prosecutors argued that Yoon was ultimately responsible for attempting to undermine the constitutional order by mobilizing the armed forces and police to suppress the National Assembly. Prosecutors said the actions posed a serious threat to democratic governance and warranted the harshest punishment available under the law.

"In the martial law crisis, Yoon failed to fulfill his duty to protect the Constitution and enhance public freedom and fundamentally infringed on state security and people's survival," one of the prosecutors said. "In that sense, the purpose, means and execution of the martial law all amounted to anti-state activities."

He argued that Yoon's actions were a direct assault on constitutional governance, citing the mobilization of troops to enter the National Assembly to prevent lawmakers from voting to lift the martial law decree, intrusions into the National Election Commission (NEC) and attempts to cut power and water to media outlets.

The prosecutor added that Yoon showed no reflection on the constitutional damage caused by his actions, arguing that the greatest victims were the people, who have defended democratic freedoms through decades of resistance to authoritarian rule. He further accused Yoon of declaring martial law in an effort to consolidate control over the judiciary and legislature and extend his hold on power, describing the misuse of state resources as a particularly serious offense.

Former Defense Minister Kim Yong-hyun speaks at the Seoul Central District Court in Seoul, Dec. 30, 2025, as he appears as a witness at the trial of former President Yoon Suk Yeol over Yoon's December 2024 martial law declaration. Courtesy of Seoul Central District Court

Yoon was indicted and arrested on charges of leading an insurrection in connection with martial law. Prosecutors alleged that he ordered the measure despite the absence of a war, a national emergency or an equivalent crisis, arguing that the move was both unconstitutional and illegal. He is also accused of directing the arrest and detention of key political figures, including President Lee Jae Myung, who was then leader of the main opposition Democratic Party of Korea, as well as Assembly Speaker Woo Won-shik, former People Power Party leader Han Dong-hoon and NEC officials.

Seven senior military and police officials, including former Defense Minister Kim Yong-hyun and former National Police Agency Chief Cho Ji-ho, were indicted as accomplices on charges of playing key roles in carrying out the insurrection. The court consolidated their cases and conducted joint hearings on evidence and arguments.

Prosecutors sought life imprisonment for Kim, citing his involvement in executing and coordinating the martial law operation. They requested a 30-year prison sentence for Noh Sang-won, a former senior military official, arguing that he played a key role in carrying out orders relating to the alleged insurrection.