South Korean prosecutors appealed for capital punishment for ex-President Yoon Suk Yeol on January 13, 2026. Yoon faces charges of rebellion linked to his brief enactment of martial law in December 2024.
The request was made by the team of independent counsel Cho Eun-suk during a hearing at the Seoul Central District Court in Seoul, South Korea. The court defined the case as a destruction of constitutional order, accusing Yoon of compromising state security, public survival, and their freedom.
According to South Korea’s criminal code, those found guilty of leading a revolt face three potential penalties: execution, life imprisonment with hard labor, or life imprisonment without it. The Seoul Central District Court will give its verdict on Yoon on February 19, 2026.
On December 3, 2024, Yoon imposed martial law, commanding armed troops into central Seoul to encircle the National Assembly and enter election offices.
However, the declaration was overturned by lawmakers within six hours. That same night, 190 members of parliament managed to pass through military barricades to approve an emergency motion rejecting the decree. This included some legislators from Yoon’s own party who made it to the chamber to vote.
Yoon was impeached by the parliament on December 14, 2024, and the Constitutional Court removed him from office on April 4, 2025. The court unanimously upheld the impeachment, stating that the declaration of martial law violated the Constitution and threatened democratic governance.
Despite the charges, Yoon maintains that his declaration was a nonviolent, last-resort strategy to warn the public about the perceived threat from the opposition Democratic Party, which he accused of obstructing his policies. He consistently labeled the opposition-controlled legislature as anti-state actors.
In his final statement to the court, Yoon categorically denied all charges, arguing that his imposition of martial law was a legitimate exercise of presidential power. He claimed that he had no other option, as the opposition allegedly obstructed legislation and repeatedly pushed for impeachment proceedings.
However, prosecutors argue that Yoon started formulating the plan in October 2023, strategically positioning key military officials ahead of the declaration. Independent counsel Cho Eun-suk’s team concluded that Yoon spent over a year preparing to enforce martial law with the intention of suppressing political adversaries and consolidating power. Prosecutors also emphasized Yoon’s apparent lack of remorse as a significant exacerbating factor, noting that he has never offered a sincere apology and continues to pin the blame on the opposition while rallying his supporters.
Yoon’s decree and the ensuing leadership crisis plunged the nation into political turmoil, disturbed high-level diplomacy, and unsettled financial markets. This downfall was particularly dramatic, considering Yoon was elected president only in 2022.
Yoon, who became South Korea’s first sitting president to be arrested in January 2025, was briefly released in March after a court annulled his detention order. However, he was re-arrested in July 2025 and has been in custody since then. His resolute opposition to impeachment and arrest attempts further divided the country.
Following Yoon’s removal, Lee Jae Myung won a sudden election in June 2025 and took office as president. Lee, a former Democratic Party leader who led the impeachment effort against Yoon, appointed three independent counsels to investigate allegations involving Yoon, his wife, and their associates.
Yoon is now facing eight separate trials related to the martial law crisis and other scandals during his presidency.
Yoon’s first verdict was delivered on January 16, 2026, in a case involving obstruction of his own arrest, where prosecutors had requested a 10-year sentence. He received a five-year sentence.
On January 21, 2026, former Prime Minister Han Duck-soo was sentenced to 23 years in prison for playing a key role in the insurrection by abetting Yoon’s martial law declaration. The Seoul Central District Court found Han guilty of facilitating the martial law decree by ensuring a cabinet meeting met legal requirements, despite voicing concerns. The sentence was eight years longer than the 15 years prosecutors had requested.
His wife, Kim Keon Hee, is also facing trial. On January 28, 2026, another Seoul court will rule on charges of stock manipulation and bribery, where prosecutors have suggested a 15-year prison term.
South Korea has not executed anyone since 1997, and experts predict that Yoon is likely to receive a life sentence rather than the death penalty.