South Korean prosecutors called for the death sentence for the country’s former President Yoon Suk Yeol. The request was made on January 13, 2026, stemming from charges related to Yoon’s instigation of martial law for a short period in December 2024.
The demand for capital punishment was put forth during a hearing at the Seoul Central District Court by the team of independent counsel Cho Eun-suk. The court described the case as a breach of the constitutional order, stating that Yoon’s actions endangered the security of the state and the people’s freedom and survival.
On January 21, 2026, a Seoul court sentenced former Prime Minister Han Duck-soo to 23 years in prison for his role in the martial law attempt. The ruling marked the first conviction of a Yoon administration official on insurrection charges, with the court explicitly determining that the December 2024 martial law declaration constituted an act of rebellion. Han was found guilty of facilitating what the court called a “top-down insurrection” by helping create the appearance of a lawful cabinet meeting to authorize the unconstitutional decree.
According to South Korea’s criminal code, those found guilty of initiating an insurrection can face one of three penalties: execution, life imprisonment with hard labor, or life imprisonment without it. The court is set to deliver its full verdict on Yoon on February 19, 2026. The court will address several charges.
Yoon declared martial law on December 3, 2024, deploying armed soldiers in central Seoul to encircle the National Assembly and invade election offices.
The declaration was reversed within six hours by lawmakers. On the night of the declaration, 190 parliamentarians forced their way past military barriers to pass an emergency motion rejecting the decree. The motion was supported by sufficient legislators, including some from Yoon’s own party.
Yoon was impeached by the parliament on December 14, 2024, and officially removed from office by the Constitutional Court on April 4, 2025. The court unanimously concurred with the impeachment, ruling that Yoon’s declaration of martial law was unconstitutional and undermined democratic governance.
Yoon has maintained that his declaration was an urgent but peaceful attempt to warn the public about the perceived threat from the opposition Democratic Party, which he accused of obstructing his policies. He consistently referred to the opposition-led legislature as anti-state actors.
In his final statement to the court, Yoon categorically refuted all charges, insisting that the imposition of martial law was a legitimate exercise of presidential power. He stated that he had no other option, accusing the opposition of paralyzing the government by blocking bills and persistently pushing for impeachment motions.
However, prosecutors argued that Yoon started devising the plan in October 2023, strategically positioning key military officials ahead of the declaration. In October 2024, Yoon and his military allies conducted provocative operations against North Korea in an attempt to create justification for imposing martial law.
Cho’s team concluded that Yoon spent over a year preparing to invoke martial law, aiming to suppress political opponents and consolidate power.
The prosecutors emphasized Yoon’s utter lack of regret as a significant aggravating factor, pointing out that he has never offered a sincere apology and continues to fault the opposition while rallying his supporters.
They also demanded a life sentence for the former Defense Minister Kim Yong-hyun, accusing him of participating in the attempted rebellion. A 20-year prison term was requested for the former National Police Agency chief Cho Ji Ho, who implemented Yoon’s unlawful orders.
Yoon’s decree and the subsequent leadership crisis resulted in political turmoil, disruption of high-level diplomacy, and volatility in financial markets. This was a particularly stark downfall for a leader who had been elected president only in 2022.
Yoon, the first sitting president of South Korea to be arrested, was taken into custody in January 2025. He was briefly released in March when a court overturned his detention order, but was arrested again in July 2025 and has remained in custody since then. His firm resistance to impeachment or arrest attempts further divided the country.
Following Yoon’s dismissal, Lee Jae Myung emerged victorious in a snap election in June 2025 and assumed the presidency. Lee, a former Democratic Party leader, led the impeachment process against Yoon and subsequently appointed three independent counsels to investigate allegations against Yoon, his wife, and his associates.
Yoon, who was ousted in April 2025, is currently facing eight separate trials related to the martial law crisis and other scandals during his tenure. Ongoing special counsel investigations into Yoon, his wife, and an alleged cover-up related to a marine’s death have led to charges against over 120 political and military figures.
The first verdict against Yoon was delivered on January 16, in a case involving obstruction of justice. The Seoul Central District Court sentenced Yoon to a five-year prison term. Prosecutors had sought 10 years.
The court found Yoon guilty of mobilizing the presidential security service to block authorities from executing an arrest warrant to investigate him for his martial law declaration.
Judge Baek Dae-hyun said that Yoon abused his power by turning officials of the Presidential Security Service against the state and using them as his “personal guards” serving his “own safety and private interests.” However, Yoon was not guilty of forging official documents due to a lack of evidence, the judge said.
Yoon’s wife, Kim Keon Hee, is also facing a trial. On January 28, 2026, another Seoul court will rule on charges of stock manipulation and bribery. Prosecutors have suggested a 15-year prison term for these offenses. It has been speculated that Yoon’s martial law declaration was partly an attempt to protect her from corruption investigations.
South Korea has not executed anyone since 1997, leading experts to believe that Yoon is more likely to receive a life sentence rather than the death penalty.
In response to the special counsel’s sentencing recommendation, President Lee Jae Myung’s office stated that it expects the courts to make a decision based on law, principles, and public expectations.