Seoul: Exactly 406 days after Yoon Suk Yeol declared martial law on December 3, 2024, the special counsel team has requested the death penalty for the former president, who stands accused of masterminding an insurrection. By seeking the toughest penalty possible for insurrection charges, the independent counsel is sending the message that the former president's actions, including deploying armed forces and police into the National Assembly and the National Election Commission, severely undermined the constitution.
According to Yonhap News Agency, the trial at the Seoul Central District Court and the resulting death penalty request are reminiscent of events in 1996. Prosecutors had requested the death penalty for former President Chun Doo-hwan for his role in the Dec. 12, 1979 military coup and the crackdown on the May 18 Gwangju uprising, while life imprisonment was sought for former President Roh Tae-woo. Although their sentences were commuted and they received presidential pardons, the court had decisively judged that their actions resulted in bloodshed and loss of lives during the waning days of South Korean authoritarianism.
South Koreans had not expected this traumatic history to resurface in the 21st century. However, it did, and it weighs heavily on the nation's conscience - particularly Yoon's - that a president elected democratically felt the need to declare martial law during peacetime. The independent counsel argued that Yoon "planned the insurrection despite the historical precedent of punishing Chun and Roh," suggesting he deserves a harsher punishment than the military leaders of that era. Additionally, prosecutors stated that Yoon declared martial law without the presence of war or a national crisis.
Yoon defended his actions by stating that his martial law declaration was not intended to disrupt the constitutional order but was a legitimate exercise of his executive power, and therefore should not be subject to legal judgment. He claimed his actions were to counter what he described as threats from "anti-state forces," including the then-opposition Democratic Party of Korea (DPK) and the DPK-controlled National Assembly.
The decision now lies with the Seoul Central District Court, which must decide on the appropriate punishment with the primary goal of upholding the constitution's integrity and protecting the public. The political sphere, the former president, and the public await the verdict, expected next month.
Meanwhile, Yoon's abrupt action in 2024 has had a significant social impact, creating a year marked by shock and division. This period saw rival political rallies, Yoon's impeachment in April, the election of President Lee Jae Myung in June, and subsequent trials.
Yoon has not issued a public apology. During his trials, he has selectively attended hearings, utilizing his legal expertise. While reports indicate he apologized to military officials during a separate proceeding, he continues to justify the necessity of declaring martial law to counter the DPK-controlled National Assembly. The former People Power Party took over a year to apologize.
The court's ruling must be wise and as firm as the law allows, to restore public confidence in a democratic Korea.