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Ex-President Yoon Faces Possible Death Penalty in Martial Law Case

Conservative leader accused of “self-coup” for declaring martial law to fight opposition obstruction.

In a dramatic escalation of South Korea’s political upheaval, prosecutors on Tuesday demanded the death penalty for former President Yoon Suk Yeol, accusing him of orchestrating a “self-coup” to cling to power during his final months in office.

The request came during a hearing at the Seoul Central District Court, where independent counsel Cho Eun-suk argued that Yoon’s December 2024 martial law declaration was an act of rebellion against South Korea’s constitutional system a charge that, under the law, carries the nation’s harshest possible penalty.

“These were anti-state activities,” Cho said, adding that Yoon attempted to undermine democracy itself by using emergency presidential powers to bypass opposition lawmakers and suppress political dissent.

Yoon, a staunch conservative and former prosecutor himself, was removed from office last spring after facing growing resistance from a hostile, left-wing National Assembly dominated by the Democratic Party. He remains in custody and faces multiple legal battles related to his final actions in power.

But Yoon has forcefully denied the accusations, calling the prosecution a political hit job fueled by “manipulation” and “distortion.” In court, he defended his decision to declare martial law as a necessary use of executive authority to alert the public to the growing obstructionism of the opposition, which repeatedly blocked his reform agenda.

“The declaration of martial law was not a coup,” Yoon said. “It was a constitutional measure to preserve order in the face of legislative paralysis.”

Under South Korean law, rebellion is considered the gravest offense against the state. However, legal analysts say that a life sentence is far more likely than execution, noting that South Korea has not carried out a death sentence since 1997, even though capital punishment remains technically legal.

Still, the optics of the case are explosive. Yoon is now the first South Korean president to face a potential death penalty since Chun Doo-hwan, who was sentenced to death in 1996 for treason and mutiny related to a 1979 military coup. Chun’s sentence was later reduced, and he was eventually pardoned.

Why this matters:

  • The case underscores South Korea’s deepening political divide, where conservative leadership is increasingly criminalized after leaving office.

  • Yoon’s downfall comes amid rising public frustration with both economic instability and perceived elite impunity in South Korea.

  • The prosecution’s push for the death penalty could be seen as a warning shot to future leaders who attempt to bypass entrenched political forces even with constitutional tools.

Throughout his presidency, Yoon positioned himself as a law-and-order conservative and close ally to Western democratic values. He took a hardline stance against China and North Korea, strengthened ties with the United States, and pushed back on leftist dominance in South Korean media and education.

Now, he faces what may be the most politically charged trial in the country’s democratic history one that could set the tone for how South Korea treats its former leaders for years to come.

The verdict is expected next month.

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