South Korea’s former President, Yoon Suk Yeol, has been sentenced to five years in jail after being found guilty on charges stemming from his declaration of martial law in December 2024.
Seoul’s Central District Court found Yoon guilty of charges that include obstructing authorities from executing an arrest warrant related to his martial law declaration, as well as fabricating official documents and failing to comply with the legal process required to impose martial law; sidestepping a legally mandated full Cabinet meeting and thus depriving some Cabinet members who were not convened of their due rights to deliberate on his decree.
Judge Baek Dae-hyun said in the televised ruling that imposing “a grave punishment” was necessary because Yoon hasn’t shown remorse and has only repeated “hard-to-comprehend excuses.” The Judge also said that restoring legal systems damaged by Yoon’s action was necessary.
Judge Baek Dae-hyun said that Yoon had failed to uphold the Constitution and rule of law.
“Despite having a duty, above all others, to uphold the Constitution and observe the rule of law as president, the defendant instead displayed an attitude that disregarded the … Constitution. The defendant’s culpability is extremely grave.”
Judge Baek Dae-hyun
The Judge added that Yoon now has seven days to appeal the verdict.
The court’s ruling is the first related to a range of criminal charges Yoon faces over his botched attempt to impose martial law, which lasted only about six hours but sent shockwaves through South Korean society, which was long considered one of the world’s most stable democracies.
The most significant criminal charge against him alleges that his martial law enforcement amounted to a rebellion, and the independent counsel has requested the death sentence in the case that is to be decided in a ruling next month.
Yoon was previously impeached, arrested and then dismissed as president after his short-lived martial law attempt, which triggered huge public protests calling for his removal.
Yoon has remained defiant and has insisted he broke no laws. He has argued in court that it was within his powers as President to declare martial law and that the action was aimed at sounding the alarm over the obstruction of government work by opposition parties.
However, investigators have viewed Yoon’s decree as an attempt to bolster and prolong his rule, charging him with rebellion, abuse of power and other criminal offenses.
Yoon’s Lawyers To Appeal Verdict
Speaking outside the court immediately after the ruling, one of Yoon’s lawyers, Yoo Jung-hwa, said that the former President would appeal the verdict. “We express regret that the decision was made in a politicised manner,” she said.
Yoon’s defense team said that they will appeal the ruling, which they believe was “politicized” and reflected “the unliberal arguments by the independent counsel.”
Yoon’s defense team argued that the ruling “oversimplified the boundary between the exercise of the President’s constitutional powers and criminal liability.”
South Korea’s official news agency reported that the five-year sentence handed to Yoon was half of what had been requested by Special Counsel Cho Eun-suk’s team of lawyers.
It also said the guilty ruling is likely to have implications for the verdict in Yoon’s insurrection trial, which is due next month. Special prosecutors in the insurrection case earlier this week demanded the death penalty for Yoon.
Prison sentences in the multiple, smaller trials Yoon faces would matter if he is spared the death penalty or life imprisonment at the rebellion trial.
Meanwhile, Park SungBae, a lawyer who specializes in criminal law, said that there is little chance the court would decide Yoon should face the death penalty in the rebellion case. He said that the court will likely issue a life sentence or a sentence of 30 years or more in prison.
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