Executive Summary
- Former President Yoon Suk-yeol sentenced to life imprisonment for insurrection.
- Court ruled the December 2024 martial law declaration disrupted constitutional order.
- Former Defense Minister Kim Yong-hyun received a 30-year sentence for his role.
- Judgment referenced the historical treason trial of King Charles I as legal precedent.
SEOUL — The Seoul Central District Court on Thursday sentenced former South Korean President Yoon Suk-yeol to life imprisonment for insurrection, ruling that his declaration of emergency martial law in December 2024 constituted a grave disruption of the constitutional order. The verdict, delivered 443 days after the controversial decree, marks a historic judicial crackdown on executive overreach in the nation.
Presiding Judge Jee Kui-youn of the 25th Criminal Division handed down the sentence, explicitly rejecting the defense’s argument regarding presidential immunity in this context. According to court documents, the judiciary determined that the former president’s actions met the criteria for insurrection under Article 91 of the Criminal Act. The court defined the disruption of constitutional order as the act of overthrowing or rendering impossible the exercise of authority by state institutions through coercion.
In a notable legal argument, the court referenced the 17th-century trial of England’s King Charles I to establish the principle that a head of state can be criminally liable for treason. “Even a president can commit the crime of insurrection with the purpose of disrupting the constitutional order,” the presiding judge stated. The ruling drew parallels between Yoon’s deployment of troops to the National Assembly and Charles I’s historical clash with the British Parliament, underscoring that attacking a legislature holding delegated sovereignty constitutes an infringement of the state itself.
The court also addressed the culpability of key aides involved in the martial law declaration. Former Minister of National Defense Kim Yong-hyun was sentenced to 30 years in prison, the heaviest penalty among the seven military and police officials indicted alongside Yoon. The court found that Kim led the preparation of the martial law decree and premeditated the deployment of troops to critical locations, including the National Assembly and the National Election Commission. “He seems to have encouraged former President Yoon’s irrational decision from the side,” the verdict read.
Constitutional Precedent
This ruling establishes a significant benchmark in South Korean jurisprudence, reinforcing the limitations of presidential power regarding the mobilization of the military against domestic political institutions. By citing international historical precedents and distinguishing between developing and developed nations’ handling of such crises, the court has signaled a rigid intolerance for executive actions that bypass legislative checks and balances. The decision serves as a stern warning regarding the legal consequences of utilizing martial law as a tool for political dispute resolution.
It is important to note that while the court has issued these sentences, the defendants retain the right to appeal the verdict under the South Korean legal system.
