South Korean prosecutors have indicted the suspended President Yoon Suk Yeol on insurrection charges over his brief declaration of martial law.

Prosecutors announced the charges on Sunday, January 26, 2025, making Yoon the first sitting President in the country’s history to be indicted.

Prosecutors said in a statement that based on the investigation so far, “there are no grounds to consider any change to the arrest warrant issued against the President,” adding that “sufficient evidence exists to substantiate the charges.”

Yoon attempted to impose martial law in early December, a move that plunged the country into political turmoil and for many brought back painful memories of the country’s authoritarian past.

The President justified the declaration by accusing the main opposition party of sympathizing with North Korea and of anti-state activities but it was swiftly overturned by parliament.

Yoon – who denies wrongdoing – was then voted to be impeached by parliament and has been in custody since being arrested last week.

The embattled President had been holed up in his fortified residence for weeks surrounded by his Presidential Security Service team before his arrest.

The country’s Corruption Investigation Office for High-Ranking Officials (CIO) first attempted to detain him earlier this month, but it failed after an hours-long showdown in which soldiers and members of the presidential security detail blocked some 80 police and investigators from approaching the presidential compound.

The CIO was able to arrest Yoon on their second attempt, but Yoon has been refusing to cooperate with any of the CIO’s investigations.

He will remain jailed and be escorted from a detention facility to a Seoul court for hearings in the trial, which is expected to last about six months.

Yoon’s Defense Team Decry Indictment

In a statement, Yoon’s lawyers said that “the prosecution has committed a historic mistake”, claiming that Yoon’s declaration of martial law does not amount to an insurrection crime.

Yoon’s defense team confirmed his indictment on a rebellion charge, calling it “the worst decision” by prosecutors who they say are trying to curry favor with political forces who want Yoon’s exit.

Yoon’s defense team said, “Today’s indictment of the President will remain as a shame in the history of South Korean prosecutors that they cannot erase.” The team added, “We stress once again that a President’s declaration of martial law can never be rebellion.”

Yoon’s party also dismissed the indictment, calling the CIO’s investigation records “illegal.”

South Korea’s main opposition Democratic Party, however, welcomed the indictment and urged the court to hold Yoon “accountable for his violations of constitutional order and his trampling on democracy.”

With Sunday’s indictment, Yoon is now facing two trials: one over his impeachment case at the country’s Constitutional Court, which will determine his political fate – likely by spring -and decide whether he will be formally removed from the presidency or reinstated.

The second is the criminal case of insurrection.

If the Constitutional Court rules to drive Yoon out of office, a national election to choose his successor must be held within two months. Recent public surveys show that governing and opposition party candidates are running neck-and-neck in a possible presidential by-election race.

Yoon – who is a former prosecutor – could face life in jail or the death penalty if convicted of leading insurrection, although South Korea has not executed anyone in decades.

Under South Korean law, a sitting President has immunity from most criminal prosecutions, but the privilege does not extend to allegations of insurrection or treason.

Yoon’s former Defense Minister Kim Yong-hyun, some military commanders and police chiefs were also previously indicted following Yoon’s declaration of martial law.