Yoon's fate to be determined on Feb 19

A South Korean court said on Wednesday that it would deliver its verdict in former president Yoon Suk-yeol's insurrection trial on Feb 19, after the special counsel demanded the death penalty.

The Seoul Central District Court made the announcement early in the morning following a 17-hour final hearing session, Yonhap News Agency reported.

Yoon's declaration of martial law in December 2024 was "a serious destruction of constitutional order by anti-state forces", the prosecutors said. Yoon, as the ringleader of the incident, and his key accomplices must be severely punished, they said.

The special counsel team said Yoon used the state of emergency as a tool to monopolize power and secure long-term rule, which directly and fundamentally infringed on national security and the freedom of the people.

In addition, Yoon had shown no sincere reflection or acknowledgement of his responsibility in the incident, the prosecutors said, as they requested the court to impose the maximum penalty.

Upon hearing the request, Yoon showed a faint smile. He then made a final statement, reiterating his innocence.

"A president's exercise of constitutional emergency powers to protect the nation and uphold the constitution cannot be an insurrection," he said.

The martial law declaration was aimed at informing the public of a national emergency, rather than imposing a military dictatorship that suppressed the people, he said.

The Blue House, the office and residence of current President Lee Jae-myung, said on Tuesday that it believes the judiciary will make a ruling in accordance with law and principles, and in a manner that meets public expectations.

Ji Gwi-yeon, chief judge of the Seoul Central District Court, said the court will judge according to the Constitution, the law and the evidence.

Cho Hee-kyung, a law professor at Hongik University in Seoul, told China Daily that the special counsel's request for death penalty is symbolic and also a serious legal argument.

While South Korea is classified as "abolitionist in practice" as it has not carried out any death penalty since 1997, Cho said it remains the statutory maximum punishment for insurrection.

"Yoon is charged with leading an insurrection (based on Article 87 of the Criminal Act)," she said. "Had the prosecution requested anything less, it would have been a dereliction of duty and a signal that they did not view the destruction of constitutional democracy as a capital offense."

Cho said she expects the court to pass a sentence of life imprisonment, though a death sentence cannot be ruled out completely.

"As insurrection is a rare crime not detailed in standard sentencing guidelines, the court will look at historical precedents and statutory law," she said. Yoon had maintained his innocence, which could serve as an aggravating factor, she added.

In 1996, former president Chun Doo-hwan was given the death penalty for seizing power in a 1979 coup and over the military's violent suppression of Gwangju democratization movement in 1980. But his sentence was later commuted to life imprisonment.

kelly@chinadailyapac.com