South Korea's special prosecutor seeks death penalty for ex-president Yoon over martial law bid

South Korea's special prosecutor seeks death penalty for ex-president Yoon over martial law bid

Published Tue, Jan 13 2026

8:30 PM EST

Key Points

• Prosecutors are seeking the death penalty for the ex-president over the failed 2024 martial law order.
• Yoon was charged with leading an insurrection, a crime that is not shielded by presidential immunity.
• If carried out, it would be South Korea's first execution in almost 30 years.

Yoon Suk Yeol, South Korea's president, arrives for a hearing at the Constitutional Court of Korea in Seoul, South Korea, on Tuesday, Jan. 21, 2025. 

Bloomberg | Bloomberg | Getty Images

South Korea's special prosecutor has requested the death penalty for former president Yoon Suk Yeol over his short-lived martial law declaration in 2024.

The request came as Yoon's trial wrapped up late Tuesday. The court is expected to deliver its ruling on Feb. 19.

Yoon has been charged with leading an insurrection, a crime that is not shielded by presidential immunity and carries the maximum penalty of death.

If carried out, it would be South Korea's first execution in almost 30 years.

Amnesty International has classified the country as "abolitionist in practice," noting that while South Korea still retains the death penalty, it has not executed anyone since 1997.

During the final hearing, special counsel Cho Eun-suk's team said that Yoon declared martial law "with the purpose of remaining in power for a long time by seizing the judiciary and legislature," according to South Korean media reports.

Yoon reportedly maintained his innocence, saying the declaration was within his constitutional authority and was intended to "safeguard freedom and sovereignty."

At the time, Yoon accused the then-opposition Democratic Party of Korea of engaging in "anti-state activities" and colluding with "North Korean communists."

On Dec 3, 2024, Yoon ordered troops to the country's National Assembly after declaring martial law in a late-night address. Soldiers blocked access and clashed with protesters and lawmakers as special forces attempted to enter the chamber.

But within three hours, the martial law order was overturned after 190 of the 300 National Assembly lawmakers managed to gather in the chamber and unanimously voted to overturn the decree. Yoon eventually lifted martial law about six hours after announcing it.

The last military coup in South Korea occurred in 1979, when the then-army general Chun Doo-hwan seized control following the assassination of President Park Chung-hee.

Chun later expanded martial law nationwide in 1980, a move that led to the 1980 Gwangju uprising, during which troops violently suppressed protests in the southwestern city of Gwangju that left anywhere between 200 and 2,000 civilians killed.

At the time, Chun's government accused the uprising of being instigated by "North Korean communists and gangsters."

In 1996, Chun was handed the death penalty for his role in the 1979 coup, though his sentence was later commuted to life imprisonment.

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