Yoon Suk Yeol sentencing request for insurrection to come Tuesday

Yoon Suk Yeol (Yonhap)

Tuesday’s hearing will conclude the legal proceedings against former President Yoon Suk Yeol, who faces criminal charges for imposing martial law late in the evening of Dec. 3, 2024. He stands accused of abusing his power and leading an insurrection.

At today’s hearing, the special counsel is set to request Yoon’s sentence. This marks the first official attempt to impose legal punishment for his brief martial law declaration, which was imposed for just six hours. The hearing began at 9:30 a.m. at the Seoul Central District Court, presided over by Judge Jee Kui-youn.

The court is currently examining evidence related to Yoon’s case, and all eight defendants are expected to deliver their final statements. Among the accused are former Defense Minister Kim Yong-hyun, former National Police Agency chief Cho Ji-ho and other high-ranking military and police officials, who are alleged to have participated in the insurrection.

The final hearing was initially scheduled for Friday, but was delayed when former Defense Minister Kim Yong-hyun spent over eight hours reviewing paper evidence — far exceeding the typical one-hour time frame of other defendants.

This prompted criticism of an intentional delay tactic, particularly after Kim’s lawyer publicly stated that his legal team had “done what we had to do,” adding that they had secured a full day for Yoon’s defense team to present their case. “Isn’t it awesome?” he remarked.

Yoon’s lawyers have stated that they expect to need six to eight hours for their evidence review and final arguments. In a press release, they said it is difficult to predict the exact duration. As part of a separate trial last month concerning Yoon’s resistance to arrest, the former president took over an hour to deliver his final statement. In that case, the special counsel sought a 10-year prison sentence.

Despite the delays, the court has made it clear that Tuesday’s session will be the final hearing, with no further postponements.

Yoon is accused of disrupting the constitutional order by illegally and unconstitutionally declaring martial law despite the absence of war or any national emergency. He is also charged with attempting the unlawful arrest of major politicians and government officials.

The punishment for leading an insurrection in South Korea is life imprisonment — with or without labor — or the death penalty. Former President Chun Doo-hwan, the only other South Korean top executive charged with leading an insurrection, was sentenced to death in 1996, though his sentence was lowered to a lifetime in prison in the appellate trial and was pardoned the next year.

Former President Roh Tae-woo, Chun’s successor and co-defendant, was sentenced to 17 years in prison, but was pardoned alongside Chun.