In a historic first, impeached South Korean president Yoon Suk Yeol stood trial on Thursday for insurrection over his short-lived declaration of martial law in December 2024. The unprecedented criminal case, which could theoretically carry the death penalty, saw Yoon’s lawyers mount a provocative defense – arguing the martial law order was necessary to prevent South Korea from becoming a “legislative dictatorship” controlled by the president’s political opponents.
The trial, held at the Seoul Central District Court amidst heavy security, lasted a mere 13 minutes in its opening session. Yoon, the first South Korean president to face criminal proceedings while in office, attended the hearing but did not speak. Instead, his lawyer Kim Hong-il denounced the “illegal probe” against the suspended president, asserting the “investigating body has no jurisdiction”.
‘Act of Governance’ or Insurrection?
Central to Yoon’s defense is the claim that his December declaration of martial law, while highly controversial, was a legitimate use of presidential power aimed at safeguarding the nation from an overreaching parliament. Kim argued the decree was meant to:
“Alert the public to the national crisis caused by the legislative dictatorship of the dominant opposition party, which had crippled the administration”
– Kim Hong-il, Yoon Suk Yeol’s lawyer
This “legislative dictatorship” refers to the Democratic Party, which holds a majority in South Korea’s National Assembly. Yoon’s lawyers have insisted that as head of state, it was within his authority to declare martial law, characterizing it as an “act of governance” that cannot be subject to judicial review.
Prosecutors Paint Yoon as ‘Insurrection Ringleader’
Prosecutors see the matter very differently. They have accused the 64-year-old conservative firebrand of being the “ringleader of an insurrection” and have challenged the legitimacy of his martial law decree. Yoon has been suspended from office since parliament voted to impeach him in December, shortly after he issued the controversial order.
The martial law declaration, while short-lived, plunged South Korea into months of political chaos. It saw tense standoffs between government authorities and Yoon’s own security detail, mass protests, a surge in online disinformation from the president’s supporters, and not one but two impeachment votes in the National Assembly.
Constitutional Court to Have Final Say
While Thursday’s hearing marked the start of Yoon’s criminal trial, his ultimate fate will be decided by the Constitutional Court in a separate proceeding. The court is currently deliberating whether to ratify parliament’s impeachment of Yoon and formally unseat him from the presidency.
Should the court side with the National Assembly, Yoon would become the first South Korean president removed from office by impeachment. A new presidential election would then have to be held within 60 days. If Yoon is convicted in his criminal trial, he could face a lengthy prison sentence, with insurrection charges even allowing for the possibility of capital punishment (though South Korea has not carried out an execution since 1997).
A Nation Holds Its Breath
As the parallel trials of President Yoon unfold, the world’s 10th largest economy finds itself in an unprecedented moment of political turmoil and uncertainty. The coming weeks will be decisive, with the Constitutional Court’s ruling on Yoon’s impeachment due any day now.
For Yoon and his allies, the impeachment and criminal proceedings are a politically motivated assault on the presidency by an overreaching parliament. For his critics, the trials are a necessary and lawful response to a president who sought to trample democratic norms and plunge the country into chaos. Regardless of where one stands, it is clear the reverberations from this extraordinary moment in South Korean politics will be felt for years to come.
As the eyes of a nation remain fixed on the courtrooms of Seoul, one thing is certain: the final chapter in the saga of President Yoon Suk Yeol is far from written. The only question now is whether South Korea’s embattled leader will emerge from his trials weakened but unbroken, or if this precarious moment will mark the inglorious end of his rollercoaster presidency.
