South Korean Prosecutor Seeks Death Penalty for Ex-President Yoon Over Alleged ‘Self-Coup’ Martial Law Declaration

South Korean prosecutors have requested the death penalty for former President Yoon Suk Yeol, accusing him of orchestrating a rebellion through his controversial martial law declaration in December 2024. The dramatic request came during Tuesday’s hearing at the Seoul Central District Court, where independent counsel Cho Eun-suk characterized Yoon’s actions as “anti-state activities” and a “self-coup.”

Yoon, who was impeached and removed from office last spring, is currently in custody while facing multiple criminal proceedings. Prosecutors have emphasized that the rebellion charge carries the most severe potential punishment among the allegations against him.

“The former president sought to prolong his hold on power by undermining South Korea’s constitutional system of governance,” Cho’s team argued before the court. The prosecution’s case centers on the claim that Yoon attempted to subvert the democratic order through his emergency declaration.

The former conservative leader has vigorously denied the accusations, telling the court that investigations into his conduct have been “frenzied” and marked by “manipulation” and “distortion.” Yoon maintains that his declaration of martial law was intended as a warning to the public about what he perceived as growing threats posed by the opposition Democratic Party, which had used its legislative majority to obstruct his political agenda.

In his defense, Yoon argued that a president’s exercise of emergency powers cannot legally be classified as rebellion under South Korean law. This legal distinction forms a key part of his defense strategy as he faces what could be the most serious punishment for a former South Korean head of state in decades.

While prosecutors have requested the maximum penalty, legal experts suggest that a life sentence is more likely than execution, noting that South Korea has maintained a de facto moratorium on capital punishment since 1997, when the last execution took place.

The current case represents an extraordinary chapter in South Korea’s democratic history. Yoon is the first South Korean president to face potential execution after leaving office since Chun Doo-hwan was sentenced to death in 1996 for various crimes including his role in the 1980 Gwangju massacre. Chun’s sentence was later commuted to life imprisonment before he received a presidential pardon.

Yoon’s legal troubles exemplify the precarious position of former South Korean presidents, several of whom have faced criminal prosecution after leaving office. This pattern reflects the country’s complex political landscape, where dramatic swings in power have often resulted in legal consequences for former leaders.

The martial law controversy marked a critical inflection point in South Korea’s recent political history. Yoon’s declaration, which he claimed was necessary to counter political opposition, was viewed by critics as an authoritarian overreach that threatened the country’s democratic institutions. The subsequent impeachment process highlighted deep political divisions within the nation.

South Korea’s constitutional system provides specific circumstances under which a president can declare emergency powers, but the legislature and courts serve as checks against potential abuses. Yoon’s case has sparked debate about the proper limitations of presidential authority in times of political crisis.

The court is expected to deliver its verdict next month in what has become one of the most closely watched trials in South Korean history, with significant implications for the country’s democratic norms and political accountability.