Yoon Suk Yeol's insurrection trial nears conclusion
Legal proceedings against former South Korean President Yoon Suk Yeol and other senior officials accused of orchestrating the Dec. 3 illegal martial law are entering their final stage, with first-instance verdicts expected around mid-February.
The Seoul Central District Court on Monday opened the first of a series of final hearings in the insurrection case, as judges move to conclude proceedings more than a year after the martial law declaration. Hearings are scheduled for Wednesday and Friday during the court’s winter recess, reflecting the court’s push to accelerate deliberations.
The case centers on charges that Yoon and his alleged accomplices conspired to impose martial law without a legitimate national emergency, an act later ruled illegal and unconstitutional by the Constitutional Court. It was South Korea’s first declaration of martial law in more than four decades.
Eight defendants are now being tried together following the court’s decision late last month to consolidate previously separate cases.
They include Yoon, former Defense Minister Kim Yong-hyun, and former National Police Agency chief Cho Ji-ho.
Earlier proceedings had been divided into three tracks covering Yoon’s alleged role as insurrection leader, senior police officials accused of playing key operational roles, and military commanders charged with executing the plan.
The court was expected to wrap up remaining evidence review on Monday, before hearing sentencing requests from the special counsel and final statements from defendants on Wednesday and Friday.
Cho Ji-ho, who is undergoing treatment for leukemia, could have a separate final hearing later this month if the court determines his participation this week would be medically difficult.
Presiding Judge Ji Gui-yeon told prosecutors and defense lawyers ahead of the final hearings that legal arguments would be “extremely intense,” urging both sides to clearly explain how the established facts do or do not satisfy the legal elements of insurrection.
Under South Korea’s Criminal Act, insurrection is defined as “inciting violence for the purpose of excluding state authority over all or part of the national territory or undermining the constitutional order.”
Prosecutors have argued that the case hinges on three core acts: the sealing off of the National Assembly, the attempted seizure of the National Election Commission and the alleged operation of arrest teams targeting political figures.
The final hearings are expected to focus on whether these actions meet the statutory threshold for insurrection.
The potential sentence has drawn particular attention. The crime of leading an insurrection carries only three possible penalties — death, life imprisonment, or life imprisonment with labor.
Prosecutors previously sought the death penalty for former President Chun Doo-hwan and life imprisonment for Roh Tae-woo over their roles in the 1979–1980 military coup and the violent crackdown on pro-democracy protesters in Gwangju. Both were later pardoned.
Yoon faces multiple criminal trials beyond the core insurrection case. He has been indicted on charges including abuse of authority, perjury, obstruction of official duties and benefitting the enemy.
In total, he is standing trial in eight criminal cases, all brought by three special prosecutors overseeing the insurrection, allegations related to first lady Kim Keon Hee, and the death of a Marine corporal.
In a separate case concluded last month, the special counsel team led by Cho Eun-seok requested a 10-year prison sentence for Yoon on charges of obstructing arrest in connection with the insurrection probe.
A verdict in that case is due on Jan. 16, ahead of the main insurrection ruling expected in mid-February.
Courts are also preparing verdicts for other figures implicated in the martial law episode, including former Prime Minister Han Duck-soo and former Interior Minister Lee Sang-min, as judicial scrutiny of the Dec. 3 declaration continues to widen.
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