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Korean Law Demystified!

Former President Yoon Suk-yeol Sentenced to Life Imprisonment for Leading Insurrection

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A Korean court has sentenced former President Yoon Suk-yeol to life imprisonment for leading an insurrection related to the December 3 emergency martial law declaration.

⚖️ Court & Sentences

  • Court: Seoul Central District Court
  • Decision Date: February 19, 2026
  • Charge: Leading an insurrection (내란 우두머리)

Sentences imposed:

  • Yoon Suk-yeol — Life imprisonment
  • Kim Yong-hyun (former Defense Minister) — 30 years
  • Noh Sang-won (former Intelligence Commander) — 18 years
  • Cho Ji-ho (former National Police Chief) — 12 years
  • Kim Bong-sik (former Seoul Police Chief) — 10 years
  • Mok Hyun-tae (former National Assembly Guard Commander) — 3 years
  • Two defendants were acquitted.

🧾 What the Court Found

The court identified one core issue:

“The essence of this case is that troops were sent to the National Assembly.”

Key findings:

  • Military forces were dispatched to:
    • The National Assembly
    • The National Election Commission
  • The purpose was to:
    • Arrest key political figures
    • Prevent lawmakers from voting to lift martial law
  • The court concluded this was intended to:
    • Paralyze the National Assembly
    • Obstruct constitutional functions for a substantial period

The judges ruled that this satisfied the “intent to subvert the constitutional order”, a required element of insurrection.

🏛️ Legal Significance

  • The court held that even a sitting president can be the principal offender in an insurrection case.
  • Blocking or neutralizing the National Assembly constitutes interference with constitutional governance.
  • The emergency declaration was not justified by claims of protecting democracy.

In rejecting Yoon’s defense, the court stated:

Justification cannot override unlawful means — even if the stated goal is protecting the state.

🔥 Was It “Riot” Level Violence?

The court ruled yes.

It determined that:

  • Issuing emergency decrees
  • Sealing off the National Assembly
  • Forming arrest squads
  • Seizing Election Commission facilities

collectively amounted to a “riot” capable of disturbing public order in Seoul and the greater metropolitan area.

📉 Sentencing Factors

Aggravating factors:

  • Severe damage to military and police neutrality
  • Political polarization and national division
  • Massive social and economic costs
  • International reputational harm
  • Large-scale investigations and early presidential election

Mitigating factor:

  • The plan was poorly executed and largely failed.

🔎 Investigation Authority Confirmed

The court also ruled:

  • Both the Corruption Investigation Office (CIO) and prosecutors had authority to investigate.
  • Even if insurrection is not explicitly listed as a primary investigative offense, it can be pursued when related to abuse of authority or other directly investigable crimes.

🗣️ Defense Response

Yoon’s legal team stated:

  • The ruling was influenced by public pressure.
  • There was no objective proof he ordered lawmakers’ arrests.
  • The emergency declaration was a decision made to “save the country.”
  • They intend to continue fighting the case.

📌 Why This Case Matters

  • It is one of the most consequential constitutional rulings in modern Korean history.
  • It affirms that:
    • Executive power has strict constitutional limits.
    • Military deployment against the legislature crosses into insurrection territory.
  • It clarifies that even a president can be criminally liable for actions undermining democratic order.

Article: https://www.lawtimes.co.kr/news/articleView.html?idxno=216532

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