South Korean President Yoon faces decades in prison if convicted of insurrection charges
South Korea’s prosecutors have indicted impeached President Yoon Suk Yeol on charges of leading an insurrection following his brief declaration of martial law on December 3.
Yoon’s legal team and the main opposition party confirmed the indictment on Sunday, January 26 marking an unprecedented legal move against a sitting president.
Yoon’s lawyers criticized the indictment, calling it the “worst choice” made by the prosecution, while the opposition party welcomed the decision. The charges stem from Yoon’s attempt to impose martial law, which aimed to curb political and parliamentary activities and control the media.
His decree sparked widespread political unrest in the country, a key U.S. ally and the fourth-largest economy in Asia. In the aftermath, the prime minister was impeached and suspended, and several senior military officials were indicted.
Yoon’s defence team argued that the martial law declaration was intended as a response to a national crisis caused by the opposition, labelling it a “desperate plea” to the public.
"(The) President's declaration of emergency martial law was a desperate plea to the public over a national crisis caused by the opposition getting out of control," Yoon's lawyers said in a statement.
Prosecutors, however, have charged him with leading an insurrection, a crime that can carry life imprisonment or the death penalty, though executions have not been carried out in South Korea in decades.
Insurrection is one of the few offences for which a president does not have immunity.
Yoon, a former prosecutor, was arrested on January 15 after a standoff between his security detail and arresting officers, making him the first sitting South Korean president to be detained. Although a court denied prosecutors' request to extend his detention over the weekend, they are seeking to keep him in custody as they continue their investigation.
The top court is also reviewing Yoon’s impeachment, with a final ruling expected within 180 days on whether he will be removed from office or reinstated. If Yoon is ousted, a presidential election would be held within 60 days.
Yoon’s martial law decree, which he rescinded after about six hours when lawmakers rejected it, led to dramatic scenes in parliament. Soldiers armed with rifles and night-vision equipment entered the parliamentary building after windows were smashed, adding to the tension in an already volatile political environment.
