[News Today] Key issues in Yoon's trial verdict

[LEAD]
In 1996, Former President Chun Doo-hwan was also sentenced to death at his first trial before receiving life imprisonment on appeal for leading an insurrection. With the verdict now approaching, the court's key legal tests are coming into sharp focus.

[REPORT]
In 1996, two former presidents Chun Doo-hwan and Roh Tae-woo stood trial on charges of insurrection.

In the first trial, Chun was sentenced to the death penalty and Roh, 22 years and six months in prison.

After an appeals trial, the Supreme Court finalized the sentences as life imprisonment for Chun and 17 years in prison for Roh, respectively.

Kim Young-il / Chief judge in 1st trial (Aug., 1996)
We have held profound legal deliberation and delivered ruling in accordance with it.

In order to convict someone of leading an insurrection, two elements must be proven: If the constitutional order was undermined and if there was violence.

The Supreme Court found Chun and Roh guilty, saying that they forcefully made it impossible for the sitting president and Cabinet members to exercise their authority over the span of time from the December 12 military rebellion until the lifting of emergency martial law and that the nationwide expansion of emergency martial law constituted violence.

In deciding on former President Yoon Suk Yeol's sentence for declaring emergency martial law on December 3, 2024, the key factors are whether he intended to neutralize parliament and if sending martial law troops to the National Assembly can be seen as assault or intimidation serious enough to disturb the peace of a region.

But Yoon's martial law imposition is different from the December 12 military rebellion in the fact that it was lifted in six hours with no casualties.

Yoon Suk Yeol / Former President (Feb., 2025)
It was not martial law to oppress the people with military force. It was a public appeal made in the form of martial law.

The court is predicted to include procedural issues like the possible unconstitutionality of the insurrection tribunal law in its deliberation.

Korea has ceased the use of the death penalty since 1997, becoming a country that has virtually abolished it. So this will likely be another variable in determining the sentence for Yoon.

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