The first-trial verdict in former President Yoon Suk-yeol's case on charges of being the ringleader of an insurrection related to the Dec. 3 martial law is due on the 19th. A judicial ruling will be handed down on the "apex" of the martial law 443 days after its declaration. The sentencing hearing will be broadcast live.
The Seoul Central District Court's Criminal Agreement Division 25 (presiding judge Jee Kui-youn) will hold the sentencing hearing at 3 p.m. in Courtroom 417. Seven members of the military and police leadership, including former Minister of National Defense Kim Yong-hyun and former Korean National Police Agency Commissioner Cho Ji-ho, who were indicted on charges of engaging in important duties in an insurrection, will also be sentenced.
◇ Dec. 3 martial law: insurrection or public message? Another panel recognized it as "insurrection"
Former President Yoon declared martial law at 10:25 p.m. on Dec. 3, 2024. After the declaration, martial law troops entered the main National Assembly building, and police blockaded the Assembly. When the National Assembly passed a resolution demanding the lifting of martial law at 1:01 a.m., former President Yoon lifted martial law at 4:27 a.m. The special prosecutor also included in the indictment the circumstances of the military and police attempting to blockade and enter to obstruct the vote at the time of martial law, and attempts to arrest and detain National Assembly Speaker Woo Won-sik, then Democratic Party of Korea leader Lee Jae-myung, former People Power Party leader Han Dong-hoon, National Election Commission employees, and others.
The related investigation was then consolidated under the Corruption Investigation Office for High-ranking Officials (CIO). The CIO's first attempt to arrest on Jan. 3 last year failed, but it was followed by an arrest on the 15th of the same month, detention on the 19th, and indictment on the 26th. The Constitutional Court decided on removal from office on Apr. 4, and the trial on charges of being an insurrection ringleader began on Apr. 14 and proceeded 43 times through the 13th of last month.
The special prosecutor argued that it was a "riot with the purpose of undermining the constitutional order," asserting the establishment of insurrection, while former President Yoon's side claimed it was a "warning-type martial law" and alleged procedural illegality by the special prosecutor and the CIO. In the first trial of the case involving former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min engaging in important duties in an insurrection, the court recognized insurrection and sentenced them to 23 years and seven years in prison, respectively. In a separate first trial for obstructing a CIO arrest, the court imposed a five-year prison sentence and mentioned the possibility of the commencement of executing an insurrection. In effect, another panel viewed the Dec. 3 martial law as an insurrection.
◇ Will the CIO's authority to investigate and indict on "Yoon's insurrection charges" be recognized?
Another key issue in the verdict is the CIO's authority. Depending on the court's determination of whether the CIO can investigate insurrection charges on the grounds that they are related crimes to abuse of authority, a chain of questions could arise, including whether the CIO's exercise of authority to request case transfer and the prosecution's acceptance were lawful; whether the selection of the court for applying for arrest and detention warrants and the issuance procedures were lawful; and whether, if the investigation was unlawful, it constitutes grounds for dismissal of the indictment or exclusion of illegally obtained evidence.
In its decision to cancel detention in March last year, the panel also mentioned the lack of legal provisions to assess the CIO's investigative authority and the possibility of reversal on appeal or grounds for a retrial. Accordingly, there is speculation that a determination could be presented in the verdict on this day.
By contrast, on the 16th of last month, the Seoul Central District Court's Criminal Agreement Division 35 (presiding judge Baek Dae-hyun) recognized the CIO's authority to investigate insurrection in the first trial over obstruction of a CIO arrest and broadly acknowledged a direct relevance that the insurrection charge would inevitably surface during the abuse of authority investigation. Attention is focused on the extent to which Criminal Agreement Division 25 will accept the same issues.
◇ If guilty, death? Life imprisonment? Attention focuses on the sentence
The biggest point of interest in the verdict is the sentence. At the closing arguments on the 13th of last month, the special prosecutor for insurrection sought the maximum sentence allowed by law, the death penalty, for the former president. The statutory penalties for the crime of being an insurrection ringleader are death, life imprisonment, or life confinement. For the former Minister Kim, life imprisonment was requested, and for former Commissioner Cho, 20 years in prison was requested.
Chun Doo-hwan, a former president indicted as an insurrection ringleader in the past, was sentenced to death in the first trial and life imprisonment in the second trial, which was finalized by the Supreme Court. At the time, the Supreme Court held that if a coercive atmosphere that could evoke fear was created by declaring and maintaining martial law, a riot was established. However, some analysis suggests there is room to reduce the sentence to less than life imprisonment in this case, depending on how the court assesses whether there were actual casualties, as well as the outcome and extent of damage.
Some in legal circles also cite nonappearance on the sentencing date as a variable. In cases with multiple defendants, sentencing is often conducted en masse, so if some do not appear, there is a possibility the date could be changed. However, considering public interest and the regular judicial personnel reshuffle schedule, the prevailing view is that the court could sentence absentees separately and proceed as scheduled for those present. Former President Yoon's side said on the 18th that he plans to appear for sentencing.