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Verdict delivered in historic trial
South Korea's former president Yoon Suk Yeol was convicted Friday of abuse of power, document falsification, and obstructing justice linked to his failed 2024 attempt to impose martial law. A Seoul court sentenced him to five years in prison, marking the first criminal conviction of a former South Korean head of state.
Key charges and findings
The three-judge panel found Yoon guilty of bypassing constitutional checks by declaring martial law without convening a cabinet meeting. He was also convicted of altering official records and evading arrest by mobilizing security forces to block police from entering his residence in January 2025.
Prosecutors argued Yoon weaponized state institutions to shield himself from accountability, calling his actions a deliberate assault on democratic norms. The court agreed, stating his conduct "undermined the foundational principles of constitutional governance."
Martial law attempt and political fallout
Yoon declared martial law in 2024 amid mounting political pressure, citing unspecified "anti-state" threats allegedly sympathetic to North Korea. However, prosecutors allege the move was a calculated effort to suppress opposition and avoid impeachment.
Troops and police were deployed to seal off the National Assembly, and Yoon ordered the detention of the assembly speaker and leaders of major political parties. The decree was swiftly overturned, plunging the country into prolonged unrest and deepening political divisions.
"The obstruction of justice trial is a way to ensure accountability for these actions,"
Mason Richey, Associate Professor, Hankuk University of Foreign Studies
Arrest drama and legal battles
Yoon's refusal to surrender to authorities in January 2025 escalated into a standoff involving 3,000 police officers. Security personnel formed a human barricade around his residence, delaying his arrest for days. A special prosecutor later called the incident "unprecedented in South Korean law enforcement history."
Yoon contested the Corruption Investigation Office's authority to charge him with insurrection, arguing the agency lacked jurisdiction. The court rejected this claim, noting that sitting presidents are only immune from prosecution for crimes unrelated to insurrection or treason.
Prosecutors push for death penalty
Prosecutors sought the death penalty, labeling Yoon "unrepentant" and comparing his actions to the 1979 military coup led by former dictator Chun Doo-hwan. They argued Yoon's martial law attempt inflicted greater damage on the nation's democratic institutions than Chun's coup, which resulted in a death sentence later commuted to life imprisonment.
Legal experts, however, predict Yoon will avoid the death penalty to prevent further polarizing his supporters. Law professor Lim Ji-bong suggested a life sentence would be more likely, noting, "A death sentence risks turning Yoon into a martyr and exacerbating national instability."
Ongoing trials and allegations
Yoon faces three additional trials, including charges of insurrection, violating campaign laws, and perjury. In one case, prosecutors allege he attempted to provoke North Korea into military action to justify martial law. Evidence includes messages from former military intelligence chief Yeo In-hyung's phone, which referenced plans to "create an unstable situation."
Yoon is also accused of perjury for falsely testifying during former prime minister Han Duck-soo's trial, where he claimed to have planned a cabinet meeting before declaring martial law-a claim investigators refuted.
Separately, Yoon and 32 others are charged with obstructing an investigation into the 2023 death of a marine officer and aiding the primary suspect. He also faces allegations of interfering in the 2022 presidential election and making false campaign statements.
Political precedent and potential pardon
South Korea has not executed anyone since 1997, and legal analysts expect Yoon's sentence to be reduced or pardoned, following the precedent set with Chun Doo-hwan and his successor Roh Tae-woo. Both were eventually pardoned after serving portions of their sentences.
"Whatever the sentence, it's a symbolic acknowledgment of the severity of the crime. Pardons are customary in Korean politics,"
Christopher Jumin Lee, US-based Korea expert
