South Korea's special counsel asked an appeals court on Thursday, October 29, to sentence former President Yoon Suk Yeol to death for leading an insurrection through his December 3, 2024 martial law declaration, arguing that the life sentence he received in February is too lenient.
The request came at the final hearing of Yoon's appeal before Criminal Division 12-1 of the Seoul High Court, presided over by Judge Lee Seung-chul, according to the Seoul Economic Daily and The Korea Times. The special counsel team, led by Cho Eun-suk, sought the same sentence at the first trial. Yoon has not been sentenced on appeal and the court has not ruled.
What the prosecution argued
The lower court found that the martial law declaration amounted to insurrection and that sending troops to the National Assembly compound was an attempt to paralyze parliament and arrest key politicians, The Korea Times reported. The National Assembly voted to lift the order within hours on the night of the declaration.
On appeal, the special counsel argued that the declaration followed at least eight months of preparation, not a spontaneous decision, and that the lower court gave too much weight to mitigating factors. The Seoul Economic Daily reported the team's position that restraint shown by troops and police that night reflected their own judgment in the field, not an order from Yoon. The team also argued that the absence of executions in South Korea should not stop a court from imposing a death sentence.
"There is no reason to hesitate to hand down the death penalty," a member of the team said, as quoted by The Korea Times. "This was an unforgivable crime that destroyed the constitutional order," the team member said. Financial News quoted the special counsel as saying, "The grounds on which the lower court chose life imprisonment do not fit the facts of the crime." The quotes are English translations published by those outlets.
What Yoon's side says
Yoon has maintained that the declaration was a warning to the opposition-controlled parliament over its repeated impeachments of senior officials and its attempts to cut the state budget, The Korea Times reported. Financial News reported that his lawyers called the special counsel's case a "fantasy novel," described the prosecution as politically motivated and said they will use security camera footage, including from the National Election Commission, to argue in closing that "there was no riot."
Our analysis: the Chun Doo-hwan case in reverse
South Korea has been here once before. Former President Chun Doo-hwan was convicted of leading an insurrection, among other crimes. On August 26, 1996, the Seoul District Court sentenced him to death. On December 16, 1996, the Seoul High Court reduced that to life imprisonment, and the Supreme Court finalized the judgment on April 17, 1997, according to the record of his case. He was pardoned in December 1997.
Yoon's case runs the other way. He received life at trial, and prosecutors are asking the same appeals court to raise it to death. The history also shows why a death sentence would be largely symbolic in practice. The Korea Times noted that no execution has been carried out in South Korea since December 1997, and that Amnesty International classifies the country as abolitionist in practice.
The special counsel is also asking for heavier terms across the board. Using the figures reported by the Seoul Economic Daily, here is the gap between what each co-defendant received at trial and what prosecutors now seek.
Former Defense Minister Kim Yong-hyun: 30 years at trial, life sought.
Noh Sang-won, former Defense Intelligence Command chief: 18 years at trial, 30 sought, a rise of 12 years.
Cho Ji-ho, former National Police Agency commissioner general: 12 years at trial, 20 sought, a rise of 8 years.
Kim Bong-sik, former Seoul Metropolitan Police Agency commissioner: 10 years at trial, 15 sought, a rise of 5 years.
Mok Hyun-tae, former head of the National Assembly security unit: 3 years at trial, 12 sought, four times the original term.
Kim Yong-gun and Yoon Seung-young were acquitted at trial, and prosecutors now seek 10 years for each.
What happens next
The Seoul High Court plans two more hearings before it sets a sentencing date. The Seoul Economic Daily reported defense closing arguments on November 3 and November 5, with Yoon's side presenting on November 5 and the ruling date expected to be announced then. The Korea Times reported that Yoon's final statement is set for next Thursday. Rulings usually follow about a month after closing arguments, the Seoul Economic Daily reported, so a decision could come in December.
For another political fight now headed through the courts abroad, see Lula Wins Brazil's Runoff, and Flávio Bolsonaro Says He Will Seek to Annul It. For how a death sentence is handed down in an American courtroom, see Brian Martin Sentenced to Death for Killing Sheffield Police Sgt. Nick Risner.
Two Taps News stories summarize reporting and the analysis discussed on Two Taps and Friends. They are not legal advice. Read our standards.
