Special Counsel Seeks Death Penalty for Former President Yoon Suk Yeol in Appeal Over Dec. 3 Martial Law

Former President Yoon Suk Yeol, who was indicted on charges of being the ringleader of an insurrection related to the December 3 emergency martial law, has been recommended to face the death penalty in his appellate trial.

During the sentencing hearing for his appeal held today (October 29) by the 12-1 Criminal Division of the Seoul High Court (Presiding Judges Lee Seung-chul, Cho Jin-gu, and Kim Min-ah), the independent counsel team led by Cho Eun-seok made the recommendation, stating, "There is no reason to hesitate in sentencing him to death."

Yoon was sentenced to life imprisonment in the first trial.

Under the Criminal Act, the statutory penalties for the crime of heading an insurrection are limited to three options: the death penalty, life imprisonment, or life imprisonment without prison labor.

The special counsel team criticized the move, saying, "The December 3 insurrection instigated by Yoon Suk Yeol shattered all common sense and the achievements of our constitutional history," adding, "The commander-in-chief of the armed forces, who swore to uphold the Constitution, instead dispatched troops pointing guns at the citizens." They further rebuked, "The 'self-coup' initiated by an elected president plunged the entire nation into shock and horror," calling it "an unforgivable crime destroying the constitutional order that attempted to turn back South Korea's clock by 40 years."

The special counsel team pointed out, "Although the first-instance court exerted great effort to uncover the substantive truth, it fell short of fully revealing the entire scope of the insurrection and holding them accountable in proportion to their crimes," adding, "It applied only half of the legal principles established by the Supreme Court, narrowed the preparation period and purpose of the insurrection, and those errors led to a sentencing far too lenient compared to the defendants' actions."

Regarding the demanded sentence, the special counsel team noted, "The heaviest argument against the death penalty is the possibility of a miscarriage of justice, but there is no room for that in this case," and emphasized, "The practice of not executing the death penalty cannot be a reason not to sentence it." They requested the court, "So that the citizens' resistance is not in vain and to prevent a second Yoon Suk Yeol, please hand down the most resolute judgment prescribed by law," adding, "We cannot leave behind the mistake for future generations of failing to punish an insurrection with the highest penalty." The court is conducting closing procedures to wrap up the trial over three sessions starting today.

Following the final defense arguments and closing statements by Yoon's side on November 5, the court plans to announce the date for the appellate ruling.

Yoon and others were detained and indicted in January of last year on charges of instigating a riot aimed at disturbing the constitutional order by declaring emergency martial law.

In February of this year, the first-instance court found him guilty, ruling that Yoon's act of sending troops to the National Assembly met the legal requirements for an insurrection—namely, "the purpose of disturbing the constitutional order" and a "riot"—and sentenced him to life imprisonment.

This marks only the second time in constitutional history that a supreme leader has been held criminally accountable for insurrection charges, following former President Chun Doo-hwan.
※ Please note: This article was translated by AI and may contain errors.