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A South Korean court sentences former President Yoon to 5 years in prison
Court News |
2026/01/12 08:12
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A South Korean court sentenced former President Yoon Suk Yeol to five years in prison Friday in the first verdict from eight criminal trials over the martial law debacle that forced him out of office and other allegations.
Yoon was impeached, arrested and dismissed as president after his short-lived imposition of martial law in December 2024 triggered huge public protests calling for his ouster.
The most significant criminal charge against him alleges that his martial law enforcement amounted to a rebellion, An independent counsel has requested the death sentence over that charge, and the Seoul Central District Court will decide on that in a ruling on Feb. 19.
Yoon has maintained he didn’t intend to place the country under military rule for an extended period, saying his decree was only meant to inform the people about the danger of the liberal-controlled parliament obstructing his agenda. But investigators have viewed Yoon’s decree as an attempt to bolster and prolong his rule, charging him with rebellion, abuse of power and other criminal offenses.
In Friday’s case, the Seoul court sentenced Yoon for defying attempts to detain him and fabricating the martial law proclamation. He was also sentenced for sidestepping a legally mandated full Cabinet meeting, which deprived some Cabinet members who were not convened of their rights to deliberate on his decree.
Judge Baek Dae-hyun said in the televised ruling that imposing “a heavy punishment” was necessary because Yoon hasn’t shown remorse and has only repeated “hard-to-comprehend excuses.” The judge also said restoring legal systems damaged by Yoon’s action was necessary.
Yoon’s defense team said they will appeal the ruling, which they believe was “politicized” and reflected “the unilateral arguments by the independent counsel.” Yoon’s defense team argued the ruling “oversimplified the boundary between the exercise of the president’s constitutional powers and criminal liability.”
Park SungBae, a lawyer who specializes in criminal law, said there is little chance the court would decide Yoon should face the death penalty in the rebellion case. He said the court will likely issue a life sentence or a sentence of 30 years or more in prison.
South Korea has maintained a de facto moratorium on executions since 1997 and courts rarely hand down death sentences. Park said the court would take into account that Yoon’s decree didn’t cause casualties and didn’t last long, although Yoon hasn’t shown genuine remorse for his action.
South Korea has a history of pardoning former presidents who were jailed over diverse crimes in the name of promoting national unity. Those pardoned include strongman Chun Doo-hwan, who received the death penalty at a district court over his 1979 coup, the bloody 1980 crackdowns of pro-democracy protests that killed about 200 people, and other crimes.
Even if Yoon is spared the death penalty or life imprisonment at the rebellion trial, he may still face other prison sentences in the multiple smaller trials he faces.
Some observers say Yoon is likely retaining a defiant attitude in the ongoing trials to maintain his support base in the belief that he cannot avoid a lengthy sentence but could be pardoned in the future.
On the night of Dec. 3, 2024, Yoon abruptly declared martial law in a televised speech, saying he would eliminate “anti-state forces” and protect “the constitutional democratic order.” Yoon sent troops and police officers to encircle the National Assembly, but many apparently didn’t aggressively cordon off the area, allowing enough lawmakers to get into an assembly hall to vote down Yoon’s decree.
No major violence occurred, but Yoon’s decree caused the biggest political crisis in South Korea in decades and rattled its diplomacy and financial markets. For many, his decree, the first of its kind in more than 40 years in South Korea, brought back harrowing memories of past dictatorships in the 1970s and 1980s, when military-backed leaders used martial law and emergency measures to deploy soldiers and tanks on the streets to suppress demonstrations.
After Yoon’s ouster, his liberal rival Lee Jae Myung became president via a snap election last June. After taking office, Lee appointed three independent counsels to look into allegations involving Yoon, his wife and associates.
Yoon’s other trials deal with charges like ordering drone flights over North Korea to deliberately inflame animosities to look for a pretext to declare martial law. Other charges accuse Yoon of manipulating the investigation into a marine’s drowning in 2023 and receiving free opinion surveys from an election broker in return for a political favor. |
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