Again defended the legitimacy of emergency martial law in closing statement
"A call for the public to become more alert... It cannot constitute insurrection"
Sentenced to life in first trial; special counsel maintained its request for the death penalty

The appeals court will hand down its ruling in late January next year in the case of former President Yoon Sukyeol, who was indicted on charges of leading an insurrection in connection with the December 3 emergency martial law. In a closing statement lasting more than an hour, Yoon again defended the martial law declaration and denied the insurrection charges.


The Seoul High Court's Criminal Division 12-1 (Presiding Judge Lee Seungcheol, with Judges Jo Jingoo and Kim Mina) said on November 5 that it would deliver its ruling at 2:30 p.m. on January 26, 2027, at the final hearing of the appeals trial in the insurrection case involving Yoon and former Defense Minister Kim Yonghyun.

Former President Yoon Suk Yeol attends his trial on charges of obstructing special official duties at the Seoul Central District Court in Seocho-gu, Seoul, on September 26 last year. Photo by Joint Press Corps.

Former President Yoon Suk Yeol attends his trial on charges of obstructing special official duties at the Seoul Central District Court in Seocho-gu, Seoul, on September 26 last year. Photo by Joint Press Corps.

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The closing proceedings, held over three hearings since October 29, concluded that day. Earlier, the special counsel team led by Special Counsel Cho Eunseok had sought the death penalty for Yoon, the same sentence sought in the first trial. It sought life imprisonment for former Defense Minister Kim and 30 years in prison for former Defense Intelligence Command chief Noh Sangwon.


In his closing statement, which lasted 1 hour and 19 minutes, Yoon argued that the emergency martial law declaration was a measure to inform the public about the opposition party's unilateral budget cuts and legislation at the time, as well as its repeated attempts to impeach government officials.


“It was an appeal-style declaration of martial law calling on the public to become more alert,” he said, adding, “There was no attempt to incapacitate constitutional institutions such as the National Assembly or the National Election Commission, nor did the military or police use oppression or violence against citizens, lawmakers, or public officials.” He also argued that “the exercise of the president's constitutional authority cannot constitute insurrection.”


He also denied the special counsel's claim that he declared martial law with the aim of establishing a long-term dictatorship. “If I had intended to deploy troops on a large scale, keep martial law in place for an extended period, and stage a coup, why would I have sent them to the National Election Commission to conduct a security inspection immediately after the declaration?” Yoon said. “I never even considered a long-term dictatorship.”



Meanwhile, the first-trial ruling against Yoon was handed down on February 19. The first-trial court sentenced him to life imprisonment, finding that his dispatch of troops to the National Assembly met the requirements for insurrection: an intent to disrupt the constitutional order and an act of rebellion. The appeals ruling is expected about 11 months after the first-trial ruling.


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