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South Korean Special Prosecutors Seek Death Penalty for Ex-President Yoon in Insurrection Trial

The court could rule as soon as February in a case centered on whether his 2024 martial-law declaration subverted constitutional order.

Overview

  • Prosecutors asked the Seoul Central District Court on Jan. 13 to sentence Yoon Seok-yeol to death, arguing he shows no remorse and offers no mitigating factors after a delay from Jan. 9.
  • Authorities allege his emergency martial-law order failed to meet the constitutional threshold of wartime or equivalent crisis and involved deploying military and police to thwart a National Assembly move.
  • Yoon’s defense contends the declaration was a lawful use of authority and says any troop presence near parliament was to protect public order, seeking acquittal on the insurrection charge.
  • The Constitutional Court unanimously ruled the martial-law declaration unconstitutional in April 2025, a decision that removed Yoon from office and underpins the prosecution’s case.
  • The insurrection charge carries penalties up to death or life terms, though South Korea has not conducted an execution since 1997, and a separate obstruction case has a Jan. 16 ruling with prosecutors seeking 10 years.