By The South Asia Times

SEOUL - A Seoul court on Friday acquitted eight former military officials, including two former generals accused of discussing preparations for martial law at a fast-food restaurant hours before then-President Yoon Suk Yeol’s failed attempt to impose military rule in December 2024.

The Seoul Central District Court found former Brigadier Generals Koo Sam-hoe and Bang Jeong-hwan not guilty of playing key roles in an insurrection, ruling that prosecutors had failed to prove they intended to undermine South Korea’s constitutional order, according to Yonhap News.

The acquittals represent a significant development in the continuing legal fallout from Yoon’s short-lived martial law declaration, which plunged one of Asia’s most established democracies into a political crisis.

Koo, the former commander of the Army’s 2nd Armored Brigade, and Bang, a former defence ministry official, were accused of meeting retired intelligence commander Noh Sang-won at a Lotteria fast-food restaurant in Ansan, south of Seoul, on December 3, 2024 — approximately six hours before Yoon announced martial law.

Special Counsel Cho Eun-suk’s team had sought seven-year prison sentences for both former generals, alleging they received instructions to investigate claims of election fraud after martial law took effect.

However, the court said the two appeared not to have known the details of the alleged operation and had not received documents outlining their supposed assignments.

The court also acquitted six other former military officials accused of deploying troops to the National Assembly, the National Election Commission and an opinion polling agency during the martial law period.

It concluded that prosecutors had not established that the defendants intended to subvert the Constitution.

- Yoon’s failed martial law bid

Yoon declared emergency martial law on December 3, 2024, saying he needed to eliminate what he described as anti-state forces and counter political obstruction by the opposition-controlled parliament.

The declaration triggered an immediate confrontation. Military personnel were sent to the National Assembly, while lawmakers rushed to the chamber and voted to demand the lifting of martial law.

The order was withdrawn roughly six hours after it was announced, following the parliamentary vote and widespread public opposition.

The National Assembly impeached Yoon on December 14, 2024, suspending him from presidential duties. On April 4, 2025, South Korea’s Constitutional Court unanimously upheld the impeachment, formally removing him from office.

The court ruled that Yoon had violated the Constitution by declaring martial law without meeting the legal requirements and by deploying military and police forces against constitutional institutions.

- Former president sentenced to life in prison

Yoon’s legal troubles continued after his removal from office. He was arrested in January 2025 and faced several criminal cases arising from the martial law crisis.

On January 16, 2026, a Seoul court sentenced him to five years in prison in a separate case involving obstruction of investigators seeking to arrest him and other charges related to the martial law episode. An appeals court increased that sentence to seven years on April 29, 2026.

In the most consequential ruling, the Seoul Central District Court sentenced Yoon to life imprisonment on February 19, 2026, after finding him guilty of leading an insurrection through his attempt to impose martial law.

Prosecutors had sought the death penalty, arguing that Yoon had mobilised troops to paralyse parliament and enable the arrest of key political figures. The court instead imposed a life sentence. Yoon has appealed the conviction, while prosecutors have also challenged the ruling and sought the death penalty at the appellate stage.

In another case, on June 12, 2026, Yoon received a separate 30-year prison sentence for ordering drone operations into North Korea in an attempt to heighten tensions and create a justification for martial law, according to the court. He has also challenged that conviction.

South Korea has not carried out an execution since 1997, although the death penalty remains in its criminal justice system.

- A continuing test for South Korea’s institutions

The latest acquittals highlight the complexity of establishing individual criminal responsibility in the military chain of command during the failed martial law operation.

The court’s ruling does not overturn Yoon’s conviction for leading an insurrection. Rather, it reflects its finding that prosecutors did not prove the specific defendants had the necessary intent to undermine the constitutional order.

The December 2024 crisis prompted an unprecedented confrontation between South Korea’s executive and legislative branches and raised questions about civilian control of the military, democratic safeguards and the limits of presidential authority.

The country has since held a presidential election, with Lee Jae Myung taking office in June 2025 after Yoon’s removal.

Yoon’s appeals and the remaining legal proceedings continue to keep the failed martial law attempt at the centre of South Korea’s political and judicial debate.