Former President Yoon Suk Yeol faces possible death sentence in insurrection verdict

The South Korean Court is delivering a historic verdict for former President Yoon Suk Yeol, who faces charges of insurrection stemming from his short-lived declaration of martial law in December 2024.

During a television address at the time, Yoon claimed that radical measures were needed to root out anti-state forces.

The 65-year-old ultraconservative was later impeached, arrested and charged with a litany of crimes ranging from insurrection to obstruction of justice.

Yoon was once seen as a beacon of light in stabilizing democracy in Asia, but his attempt to seize power stirred unpleasant memories of the military coups that jolted the nation between 1960 and 1980. Millions of South Koreans are expected to watch as the court delivers its verdict in a live broadcast at 3p.m.

Yoon has consistently denied any misconduct, arguing he acted to “safeguard freedom” and restore constitutional order against what he called an opposition-led “legislative dictatorship.”

The South Korean law mandates only two sentences appropriate for insurrection: life imprisonment or death. In this connection, attorney Yoo Jung-hoon told AFP: “In rare occasions, a judge could deliver what’s legally known as a “discretion mitigation”, handing down a sentence lighter than the minimum penalty set by law if they believe it is warranted.”

A court in Seoul will rule on ex-president Yoon Suk Yeol’s insurrection charges this afternoon. The proceedings will be broadcast live across South Korea. Yoon is accused of violating constitutional order with his attempted declaration of martial law attempt in December 2024.

Meanwhile prosecutors have demanded the penalty for Yoon, arguing that he is “unrepentant.” His attempted martial law plunged the country into a political crisis and left the government incapacitated by a leadership void for months. 

The poll suggests that 20% to 30% of Korean voters believe Yoon is not guilty of insurrection, and the court's verdict will face the formidable challenge of reunifying a divided nation as reported by the BBC.

What is Insurrection?

Insurrection primarily means the act of revolting against an established government or an authority of a nation state. South Korea’s criminal code defines it as an “act to overthrow government organs established by the Constitution to make the exercise of their functions impossible by force.” Under the South Korean Constitution, a sitting president is immune from criminal prosecution, except for charges of insurrection and treason.