SEOUL — In a historic and dramatic turn of events, South Korean prosecutors formally requested the death penalty for former President Yoon Suk Yeol on Tuesday, January 13, 2026. The demand marks the culmination of the “insurrection” trial stemming from his shocking, short-lived declaration of martial law in December 2024.
The special counsel, Cho Eun-suk, argued before the Seoul Central District Court that Yoon was the “ringleader of an insurrection” who attempted to subvert the constitution to maintain power. “The defendant showed absolutely no remorse even after destroying precious constitutional values,” the counsel stated during the final hearing.
The Charges: Insurrection and Rebellion
The charges center on the events of December 3, 2024, when Yoon declared martial law, accusing the opposition of paralyzing the government. The decree was overturned by the National Assembly hours later, but the move plunged the nation into chaos and led to Yoon’s impeachment and subsequent removal from office in April 2025.
Under South Korean criminal law, the “ringleader” of a rebellion can face death or life imprisonment. Prosecutors argued that a severe penalty is necessary to “prevent the repetition of a tragic history,” explicitly drawing parallels to the military coups of the past.
“Political Suicide”
Yoon, the first sitting South Korean president to be arrested, has consistently denied the charges of rebellion. His defense team maintains that the martial law declaration was a necessary presidential act to protect the country from “anti-state forces” and legislative gridlock.
Observers have described the martial law decree as “political suicide.” Since his removal, Yoon has been detained, facing multiple legal battles, including allegations that he ordered drone flights over North Korea to inflame tensions as a pretext for emergency powers.
What Happens Next?
The court is expected to deliver its final verdict in February 2026. While prosecutors have demanded capital punishment, South Korea has maintained an unofficial moratorium on executions since 1997. If convicted, Yoon would become the third former president in the nation’s history to be convicted of insurrection, joining Chun Doo-hwan and Roh Tae-woo, who were convicted in the 1990s.
Video Coverage
South Korean president risks life in prison or death penalty if guilty of treason. This video provides context on the legal stakes Yoon faced immediately following the martial law declaration, explaining the specific treason statutes that led to today’s death penalty request.
