On January 13, 2026, South Korean prosecutors sought the death penalty for former President Yoon Suk Yeol over rebellion charges tied to his brief declaration of martial law in December 2024.
Independent counsel Cho Eun-suk’s team made the request at a hearing at the Seoul Central District Court in Seoul, South Korea. The court characterized the case as involving destruction of constitutional order, stating that Yoon had infringed upon the safety of the state and the survival and freedom of the people.
Under South Korea’s criminal code, those convicted of leading an insurrection face only three possible penalties: execution, life imprisonment with hard labor, or life imprisonment without it. The Seoul Central District Court is scheduled to issue its ruling on Yoon on February 19, 2026.
Yoon imposed martial law on December 3, 2024, sending armed soldiers into central Seoul to surround the National Assembly and enter election offices.
The declaration lasted just six hours before lawmakers overturned it. That night, 190 members of parliament forced their way through military barricades to pass an emergency motion rejecting the decree, with enough legislators—including some from Yoon’s own party—making it inside the chamber to vote.
Parliament impeached Yoon on December 14, 2024, and the Constitutional Court removed him from office on April 4, 2025. The court unanimously upheld the impeachment, ruling that the martial law declaration violated the constitution and undermined democratic rule.
Yoon has insisted that his declaration was a last-ditch but nonviolent move to alert the public to what he viewed as the threat posed by the opposition Democratic Party, which used its majority to block his policies. He repeatedly labeled the opposition-led legislature as anti-state actors.
In his final statement to the court, Yoon flatly denied all charges, arguing that imposing martial law was a lawful exercise of presidential authority. He claimed he had no choice, saying the opposition paralyzed the government by obstructing bills and repeatedly pushing impeachment motions.
Prosecutors, however, said Yoon began devising the plan in October 2023, placing key military officials in strategic posts ahead of the declaration. Independent counsel Cho’s team concluded that Yoon spent more than a year preparing to invoke martial law with the goal of crushing political opponents and consolidating power.
Prosecutors pointed to Yoon’s complete lack of remorse as a major aggravating factor, noting he has never offered a genuine apology and continues to blame the opposition while rallying his supporters.
They also sought a life sentence for former Defense Minister Kim Yong-hyun, accusing him of collaborating in the attempted rebellion. For former National Police Agency chief Cho Ji Ho, who carried out Yoon’s unlawful directives, prosecutors requested 20 years in prison.
Yoon’s decree and the immediate leadership vacuum plunged the country into political chaos, disrupted top-level diplomacy, and shook financial markets. The downfall was especially dramatic for a leader who had been elected president only in 2022.
Yoon became South Korea’s first sitting president to be taken into custody in January 2025. He was briefly released that March after a court revoked his detention order, but he was arrested again in July 2025 and has remained in custody since. His defiant stance against efforts to impeach or arrest him further polarized the country.
After Yoon’s removal, Lee Jae Myung won a snap election in June 2025 and assumed the presidency. Lee, a former Democratic Party leader who spearheaded Yoon’s impeachment effort, appointed three independent counsels to investigate allegations involving Yoon, his wife, and their associates.
Following his ouster in April 2025, Yoon now faces eight separate trials tied to the martial law crisis and other scandals from his time in office. Three ongoing special counsel investigations into Yoon, his wife, and an alleged cover-up in a marine’s death have led to charges against more than 120 political and military figures.
Yoon’s first verdict will be delivered on January 16, 2026, in a case involving obstruction of his own arrest, where prosecutors have requested a 10-year sentence.
His wife, Kim Keon Hee, is also on trial. On January 28, 2026, another Seoul court will decide on stock manipulation and bribery charges, for which prosecutors have recommended a 15-year prison term. Some observers had speculated that Yoon declared martial law partly to shield her from corruption probes.
South Korea has not carried out an execution since 1997, and experts believe Yoon is likely to receive a life sentence rather than the death penalty.
Responding to the special counsel’s sentencing recommendation, President Lee Jae Myung’s office said it expects the courts to reach a decision grounded in law, principles, and public expectations.