South Korea’s special counsel again sought the death penalty for former President Yoon Suk Yeol on Thursday, October 29, during his appeal trial over his brief imposition of martial law in December 2024.
The request was made by the team led by Special Counsel Cho Eun-suk at the Seoul High Court, where Yoon is appealing the life sentence handed down in February by the Seoul Central District Court, Yonhap News Agency reported. The lower court found that Yoon illegally mobilised troops and police to seize the legislature, arrest political opponents and establish unchecked rule, according to the court’s ruling as reported by AP.
Why prosecutors want the maximum sentence
Prosecutors argued there was “no reason to hesitate” to impose the death penalty, saying the December 3 martial law order was an unforgivable crime that destroyed the constitutional order and tried to turn the clock of the Republic of Korea back 40 years. They told the court the order was prepared over about eight months and that the first trial had wrongly weighed favourable factors in sentencing and had not sufficiently recognised the prior preparation and the intent to stay in power long term.
Under South Korean law, the statutory penalties for leading an insurrection are death, life imprisonment or life confinement. Prosecutors had also sought the death penalty at the first trial in January, but the court imposed life imprisonment on February 19.
What Yoon’s defence says
Yoon’s legal team told reporters that prosecutors were repeating an argument “devoid of evidence and legal logic”. The defence says the martial law decree was intended to raise public awareness about what Yoon called attempts by the opposition-led legislature to paralyse state affairs, and that he had no intention of causing harm or establishing authoritarian rule.
What happened in December 2024
Yoon declared martial law late at night on December 3, 2024, with the stated aim of eradicating anti-state forces. The order lasted about six hours: troops were deployed to the National Assembly compound, but lawmakers broke through a blockade of heavily armed soldiers and police and voted to overturn it, forcing his Cabinet to lift the measure. Yoon was suspended from office on December 14, 2024, after impeachment, and was formally removed by the Constitutional Court in April 2025. He was re-arrested in July 2025.
What happens next
The Seoul High Court has yet to set a date for a verdict on the appeal. Reports say the court will hear final arguments and expects Yoon’s own statement on November 5 before setting a sentencing date. An execution would be unlikely even if a death sentence were imposed: South Korea has not carried out an execution since 1997 and effectively maintains a moratorium on capital punishment.
Prosecutors also sought heavier penalties for co-defendants, including life imprisonment for former Defence Minister Kim Yong-hyun, 30 years for former Defence official Roh Sang-won and 20 years for former National Police Agency Commissioner Jo Ji-ho, according to reports of the hearing. Yoon faces a total of eight trials connected to the martial law attempt and other allegations, including his wife’s alleged corruption and the 2023 death of a marine officer, TRT World reported.
Frequently asked questions
Is this the first time prosecutors sought the death penalty? No. They sought it at the first trial in January 2026 as well; the court instead imposed life imprisonment, and Thursday’s request renews that demand on appeal.
Would a death sentence mean execution? Not necessarily. South Korea has not executed anyone since 1997, and courts can impose death sentences under a de facto moratorium.
When will the appeal verdict come? The court has not set a date. Yoon’s final statement is expected on November 5.
Sources
- Yonhap News Agency — Special counsel again seeks death penalty for ex-President Yoon over martial law declaration
- Arab News (AP) — South Korean prosecutor seeks death penalty for ex-President Yoon over martial law debacle
- TRT World — South Korean special counsel seeks death sentence for ex-president Yoon
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