South Korea prosecutor seeks death sentence for Yoon over martial law rebellion

SEOUL — An independent counsel demanded the death penalty Tuesday for former South Korean President Yoon Suk Yeol, asking the Seoul Central District Court to sentence him on rebellion charges tied to his short-lived martial law decree in December 2024. Independent Counsel Cho Eun-suk’s team described the decree as “anti-state activities” and “a self-coup,” alleging that Yoon plotted to eliminate his political rivals and monopolize power.

Yoon, who was removed from office in April 2025 and remains in jail, faces eight separate criminal trials related to the martial law episode and other allegations from his tenure. He denies all charges.

The demand makes Yoon the first South Korean president to face potential capital punishment since former military ruler Chun Doo-hwan received a death sentence in 1996 — a verdict later commuted to life imprisonment before a pardon. Legal experts say the court is unlikely to impose the death penalty; South Korea has not carried out an execution since 1997, and a verdict is expected in February.

What prosecutors argued

Cho’s team told the court that Yoon aimed to prolong his rule by neutralizing the constitutional structure of South Korea’s governance systems. The indictment was the product of a six-month investigation; prosecutors concluded last month that Yoon had plotted for over a year to impose martial law in order to eliminate political rivals and monopolize power.

Yoon’s rebellion charges carry either the death sentence or life imprisonment if convicted, though judges may reduce the term to as little as 10 years in prison.

Yoon’s defense

Speaking at the same courtroom later Tuesday, Yoon slammed the investigations into his rebellion charges, calling them “frenzied” and alleging they had involved “manipulation” and “distortion.”

Yoon reiterated that his decree was a desperate attempt to raise public awareness about what he considered the danger posed by South Korea’s liberal opposition Democratic Party, which used its legislative majority to obstruct his agenda. He said the exercise of the president’s emergency powers cannot be punished as rebellion.

How the martial law episode unfolded

Yoon’s December 2024 decree — the first martial law declaration in South Korea in more than 40 years — brought armed troops into Seoul streets to encircle the National Assembly and enter election offices. No major injuries were reported, but the episode evoked memories of military-backed rulers in the 1970s and 1980s who deployed emergency decrees to suppress pro-democracy protests.

Thousands of people gathered outside the National Assembly the night of the decree to demand Yoon’s resignation. Enough lawmakers, including members of Yoon’s own ruling party, managed to reach the chamber and vote down the order. The National Assembly subsequently impeached Yoon, and the Constitutional Court ruled to dismiss him from the presidency.

Co-defendants and sentences demanded

On Tuesday, Cho’s team also demanded a life sentence for Yoon’s former defense minister, Kim Yong Hyun, and terms of 10 to 30 years in prison for former senior military and police officers involved in carrying out the decree.

Yoon faces additional trials on separate allegations, including that he ordered drone flights over North Korea to inflame animosities and manufacture a pretext for martial law, and that he manipulated an investigation into a marine’s drowning death in 2023. In August 2025, Yoon’s wife, Kim Keon Hee, was arrested and indicted on bribery and other charges.

Yoon’s lawyers have accused Cho’s team of being politically driven and lacking legal grounds for their sentencing demands. Both Yoon and the independent counsel could appeal the rebellion verdict through higher courts to the Supreme Court.

Historical context

The last South Korean president to face a potential death penalty was Chun Doo-hwan, the former military strongman sentenced to death in 1996 for leading a coup and overseeing the suppression of pro-democracy demonstrators. His sentence was commuted to life imprisonment, and he was eventually pardoned and released.

Lee Jae Myung, the former Democratic Party leader who led Yoon’s impeachment drive, won a snap presidential election in June 2025. After taking office, Lee appointed three independent counsels to investigate allegations involving Yoon, his wife and associates. The president’s office said Tuesday it expects the judiciary to rule on Yoon in line with the law, principle and public expectations.