A South Korean court sentences Yoon to 5 years in prison on charges related to martial law decree

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 has maintained he didn’t intend to place the country under military rule for an extended period, saying his decree was only meant to inform the people about the danger of the liberal-controlled parliament obstructing his agenda. But 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 gets 5-year prison term in 1st verdict from 8 trials

In Friday’s case, the Seoul Central District Court sentenced Yoon for defying attempts to detain him, fabricating the martial law proclamation, and 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 restoring legal systems damaged by Yoon’s action was necessary.

Yoon’s defense team said they will appeal the ruling, which they believe was “politicized” and reflected “the unliberal arguments by the independent counsel.” Yoon’s defense team argued the ruling “oversimplified the boundary between the exercise of the president’s constitutional powers and criminal liability.”

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.

Yoon will likely avoid death sentence in rebellion trial

Park SungBae, a lawyer who specializes in criminal law, said there is little chance the court would decide Yoon should face the death penalty in the rebellion case. He said the court will likely issue a life sentence or a sentence of 30 years or more in prison.

South Korea has maintained a de facto moratorium on executions since 1997 and courts rarely hand down death sentences. Park said the court would take into account that Yoon’s decree didn’t cause casualties and didn’t last long, although Yoon hasn’t shown genuine remorse for his action.

South Korea has a history of pardoning former presidents who were jailed over diverse crimes in the name of promoting national unity. Those pardoned include strongman Chun Doo-hwan, who received the death penalty at a district court over his 1979 coup, the bloody 1980 crackdowns of pro-democracy protests that killed about 200 people, and other crimes.

Some observers say Yoon will likely retain a defiant attitude in the ongoing trials to maintain his support base in the belief that he cannot avoid a lengthy sentence but could be pardoned in the future.

Yoon's stunt plunged South Korea into political turmoil

On the night of Dec. 3, 2024, Yoon abruptly declared martial law in a televised speech, saying he would eliminate “anti-state forces” and protect “the constitutional democratic order.” Yoon sent troops and police officers to encircle the National Assembly, but many apparently didn’t aggressively cordon off the area, allowing enough lawmakers to get into an assembly hall to vote down Yoon’s decree.

No major violence occurred, but Yoon's stunt caused the biggest political crisis in South Korea and rattled its diplomacy and financial markets. For many, his decree, the first of its kind in more than four decades in South Korea, brought back harrowing memories of past dictatorships in the 1970s and 1980s, when military-backed leaders used martial law and emergency measures to deploy soldiers and tanks on the streets to suppress demonstrations.

After Yoon's ouster, his liberal rival Lee Jae Myung became president via a snap election last June. After taking office, Lee appointed three independent counsels to look into allegations involving Yoon, his wife and associates.

Yoon's other trials deal with charges like ordering drone flights over North Korea to deliberately inflame animosities to look for a pretext to declare martial law. Other charges accuse Yoon of manipulating the investigation into a marine’s drowning in 2023 and receiving free opinion surveys from an election broker in return for a political favor.