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South Korea's court can announce a death sentence to former President Yoon over martial law?

By The South Asia Times

SEOUL - A South Korean court is set to deliver a landmark verdict on Thursday in the insurrection trial of former president Yoon Suk Yeol, who is accused of unlawfully imposing martial law in December 2024 in what prosecutors describe as an attempt to cling to power.

The sentencing hearing will take place at the Seoul Central District Court at 3 p.m. local time, with Yoon expected to attend in custody. The proceedings are scheduled to be broadcast live nationwide due to their historic significance, according to Yonhap News.

Yoon was indicted in January 2025 on charges of leading an insurrection after he declared martial law on Dec. 3, 2024 -- a move that lasted approximately six hours before being overturned. Prosecutors allege that he ordered military troops and police to surround the National Assembly in an effort to block lawmakers from voting down his decree.

According to the indictment, Yoon also instructed authorities to arrest key political figures, including the speaker of the National Assembly and leaders of both the ruling and main opposition parties. Prosecutors argue that he conspired with then-Defense Minister Kim Yong-hyun and other officials to stage what they describe as a coordinated attempt to undermine the Constitution.

During closing arguments last month, special counsel Cho Eun-suk requested the death penalty -- the maximum sentence under South Korean law -- contending that Yoon sought to “seize control of the judiciary and legislature” in order to prolong his rule. The prosecution described the alleged mobilization of military forces for political purposes as a grave abuse of state power.

Yoon has consistently denied the charges. In his final statement to the court, he argued that invoking emergency powers falls within the constitutional authority of the presidency and cannot constitute insurrection. He described his actions not as an attempt to establish military rule, but as a temporary measure aimed at “safeguarding freedom and sovereignty” and restoring constitutional order.

The verdict is expected to have far-reaching implications for South Korea’s political landscape and the interpretation of presidential emergency powers in one of Asia’s leading democracies.