Yoon Faces Death Penalty Call at Appeal
A special counsel team in South Korea again sought the death penalty for former president Yoon Suk Yeol on Thursday, at his appeal trial over his failed martial law declaration. The Yoon death penalty appeal came eight months after a lower court sentenced Yoon to life in prison for leading an insurrection.
The team, led by Special Counsel Cho Eun-suk, made the request at the Seoul High Court, where Yoon is appealing his life sentence. Yonhap News Agency reported the request from the hearing. Prosecutors first sought the death penalty in January, before the lower court chose a life term in February.
Yoon declared martial law late on December 3, 2024. The order lasted about six hours. Lawmakers broke through a blockade of soldiers and police at the National Assembly and voted to overturn it, and his cabinet then lifted the measure. The Constitutional Court unanimously upheld his impeachment in April 2025, and a snap presidential election followed.
Yoon death penalty appeal: why prosecutors want a heavier sentence
Prosecutors argued that the first trial did not go far enough. They said it understated how long the martial law plan had been prepared and what it aimed to achieve. They also challenged the lower court’s view that the operation showed restraint and that martial law ended quickly.
In their argument, the failure of the plan came from public resistance and from soldiers and police officers who were reluctant to follow orders. It did not come from restraint by Yoon, they said. They also disputed treating Yoon’s long public service career as a factor in his favour, and said he had used knowledge gained as a prosecutor to commit the crime.
A member of the team told the court there was no reason to hesitate over the death penalty. The team described the December 3 move as an act that destroyed the constitutional order and tried to turn South Korea’s clock back by 40 years. It said the commander in chief, who had sworn to uphold the constitution, instead sent troops with guns pointed at the people.
Yoon’s legal team rejected that case. His lawyers told reporters that prosecutors were repeating an argument devoid of evidence and legal logic. They said Yoon intended his martial law declaration as a warning to the opposition-led parliament, which he accused of trying to paralyse state affairs. They said he had no intention of causing harm or setting up authoritarian rule.
The defence also pointed to the scale of the deployment. It said only 280 unarmed troops for keeping order were sent, and argued that no riot took place.
The other sentences sought in the same hearing
The hearing covered more than Yoon alone. The special counsel team also sought a life sentence for former defence minister Kim Yong-hyun, who received 30 years at the first trial. It sought 30 years for former Defence Intelligence Command chief Roh Sang-won.
Other requests followed the same pattern. The team sought 20 years for former National Police Agency chief Cho Ji-ho, 15 years for former Seoul police chief Kim Bong-sik, and 12 years for former National Assembly security chief Mok Hyun-tae. It also sought 10-year terms for two men acquitted at the first trial.
What happens next in the appeal
The Seoul High Court has yet to set a date for its verdict. Closing proceedings will continue, with Yoon’s lawyers due to present their closing arguments and Yoon due to give a final statement on November 5. The court plans to announce a sentencing date after that stage.
One practical point matters for readers following the case. South Korea has not carried out an execution since 1997, and it effectively maintains a moratorium on capital punishment. A death sentence, if imposed, would therefore be a legal finding first and a practical question second. That gap between sentence and execution is part of why the case draws close attention abroad.
