Former President Defies the Death Penalty

On February 19, 2026, the Seoul Central District Court convicted former South Korean President Yoon Suk Yeol of orchestrating an insurrection and issued a life imprisonment sentence, falling short of the capital punishment that prosecutors had requested. Judge Ji Gwi-yeon, who presided over the case, determined that Yoon’s dispatch of military forces to the National Assembly and his efforts to detain political rivals — including current President Lee Jae Myung — amounted to acts of rebellion against constitutional governance. The judgment was televised live throughout the country, prompting both Yoon’s backers and critics to assemble in substantial numbers outside the court building.

The judgment originated from Yoon’s proclamation of martial law on December 3, 2024, marking South Korea’s first such action in over forty years. During a late-evening broadcast, Yoon charged the opposition Democratic Party with participating in “anti-state activities” and colluding with “North Korean communists,” deploying military personnel into downtown Seoul to encircle the National Assembly and breach election facilities. The proclamation remained in effect for merely six hours before being nullified. During that evening, 190 parliamentary members broke through military blockades to approve an emergency resolution rejecting the order, with some lawmakers from Yoon’s own political faction among them.

Parliament impeached Yoon on December 14, 2024, and the Constitutional Court voted unanimously to oust him from office on April 4, 2025, determining that the martial law announcement breached the constitution and weakened democratic governance. Yoon became South Korea’s first incumbent president to be placed in detention in January 2025. He was temporarily freed that March following a court’s decision to cancel his detention warrant, but was detained once more in July 2025 and stayed incarcerated throughout his trial.

Prosecutors had requested the death penalty, contending that Yoon invested more than a year — starting in October 2023 — developing the martial law scheme, positioning crucial military commanders in strategic roles in advance. They pointed to his total absence of remorse as a significant aggravating element, observing he never provided a sincere apology and persistently blamed the opposition during legal proceedings. In his closing court testimony, Yoon categorically rejected all accusations, contending that proclaiming martial law was a legitimate use of presidential power and that the opposition had crippled his administration through blocking tactics and successive impeachment attempts. South Korea has upheld a de facto ban on executions since 1997, and the court ultimately delivered a life sentence instead of the death penalty.

Convicted together with Yoon, former Defense Minister Kim Yong-hyun was given 30 years in prison for his pivotal participation in organizing the proclamation and deploying troops. Four additional former military and police officers were given sentences spanning three to 18 years. Former Prime Minister Han Duck-soo had previously been sentenced to 23 years in prison in a distinct judgment, becoming the first Yoon administration member found guilty of insurrection offenses.

The insurrection conviction was not Yoon’s initial sentence. On January 16, 2026, a Seoul court imposed a five-year prison term on him in the first of eight criminal proceedings, convicting him of resisting efforts to arrest him, falsifying the martial law declaration, and circumventing a legally required full Cabinet session prior to issuing the order. Yoon’s attorneys stated they would challenge that decision. He still confronts six more criminal proceedings, including one concerning allegations that he commanded drone operations into North Korean territory to intentionally incite a conflict that could justify martial law — an accusation he refutes.

Yoon’s wife, former First Lady Kim Keon Hee, received a sentence on January 28, 2026, of 20 months in prison following her conviction for receiving luxury bribes — including Chanel bags and a diamond pendant — from Unification Church representatives in return for political influence. She was cleared on the graver accusations of stock price manipulation and violations of the Political Funds Act owing to inadequate evidence, though prosecutors declared intentions to challenge those dismissals. Prosecutors had initially requested a 15-year sentence.

Following Yoon’s ouster, Lee Jae Myung secured a special presidential election in June 2025 and took office. Lee, the previous Democratic Party head who led Yoon’s impeachment campaign, designated three independent counsels to probe allegations concerning Yoon, his spouse, and their affiliates. Those probes have resulted in indictments against over 120 political and military individuals. In a concise statement after the February 19 ruling, President Lee’s office expressed its expectation that the courts would arrive at verdicts based on law, principles, and public expectations. Yoon maintains the option to appeal his life sentence, and his outstanding trials proceed.

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