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Independent Counsel Seeks Death Penalty for Former President Yoon Over 2024 Martial Law

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Independent counsel files death‑penalty request on Jan. 13, 2026 Cho Eun‑suk’s team submitted a petition to the Seoul Central District Court asking that former President Yoon Suk Yeol receive the death sentence for rebellion tied to his December 2024 martial‑law decree [1]. The filing characterizes the decree as an anti‑state self‑coup intended to extend Yoon’s rule by dismantling constitutional governance [1]. Prosecutors argue the action endangered national order and constitutes a serious offense against the state [1].

Yoon faces eight criminal trials while detained After being removed from office in April 2025, Yoon has been held in custody and is confronting eight separate prosecutions [1]. The rebellion charge linked to the martial‑law decree is described as the most consequential among the cases [1]. Additional trials address alleged abuses of power and procedural irregularities during his presidency [1].

Rebellion carries death or life, verdict expected February Conviction for rebellion can result in either death or life imprisonment, though judges may commute sentences to as few as ten years [1]. Experts anticipate that, if convicted, Yoon will likely receive a life term rather than execution [1]. South Korea has not carried out an execution since 1997, underscoring the rarity of the death‑penalty request [1].

Widespread fallout includes arrests and new presidential leadership Dozens of senior officials and military commanders associated with Yoon’s administration have been arrested or are under investigation [1]. Yoon’s wife was detained and indicted in August 2025 on bribery and related charges [1]. Following the crisis, Lee Jae Myung won a snap presidential election and appointed independent counsels to continue probing Yoon and his associates [1].

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Timeline

Dec 2024 – President Yoon Suk Yeol issues a martial‑law decree, deploying armed troops to Seoul and invoking emergency powers; the move later becomes characterized as an anti‑state self‑coup that sparks South Korea’s deepest political crisis in decades [2].

April 2025 – The National Assembly votes to remove Yoon from office; he is taken into custody and jailed while facing multiple criminal investigations [1].

2025 (post‑April) – Lee Jae Myung wins a snap presidential election and appoints independent counsels to probe Yoon and his associates, laying the groundwork for the high‑profile prosecutions that follow [1].

August 2025 – Yoon’s wife is arrested and indicted on bribery and related charges, expanding the legal fallout from the martial‑law scandal [1].

Dec 26, 2025 – Independent counsel Cho Eun‑suk files a request for a 10‑year prison term against Yoon in the first of seven martial‑law cases, accusing him of obstruction of official duties, abuse of power, falsification of documents and destruction of evidence; the filing notes the Seoul Central District Court could issue a verdict as early as the next month [2].

Dec 26, 2025 – Yoon’s lawyers reply that the 10‑year request is “excessive and politically motivated,” arguing the independent counsel lacks legal grounds and that the punishment is driven by bias [2].

Jan 13, 2026 – Independent counsel submits a separate filing seeking the death penalty for Yoon on rebellion charges tied to the Dec 2024 martial‑law decree, describing the decree as a self‑coup designed to neutralize the constitutional structure of state governance and endanger the nation [1].

Jan 13, 2026 – Yoon defends the decree, stating it is “an attempt to raise public awareness about what he viewed as a danger posed by the liberal opposition,” and insists that the exercised emergency powers cannot be punished as rebellion [1].

Feb 2026 (expected) – The Seoul Central District Court is slated to deliver a verdict on the rebellion charge; experts forecast a life‑sentence rather than death, noting judges can commute to as little as ten years, though South Korea has not carried out an execution since 1997 [1].

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