Court delivers first ruling on Yoon martial law case

A South Korean court on Friday, Jan. 16, sentenced former President Yoon Suk Yeol to five years in prison for obstructing an arrest by investigative authorities, including by mobilizing the presidential security service. The ruling marked the first legal judgment related to Yoon’s declaration of martial law, delivered 409 days after the emergency measure was announced. Separately, Yoon is standing trial in seven criminal cases, including a charge of leading an insurrection, for which prosecutors have sought the death penalty.

At a first-instance sentencing hearing held on Jan. 16 at the Seoul Central District Court, Criminal Division 35, presided over by Judge Baek Dae-hyeon, the court said Yoon obstructed the lawful execution of an arrest warrant and effectively turned security service officials into a personal force for his private interests. The court said Yoon offered explanations that were difficult to accept and showed no remorse for his wrongdoing, concluding that a severe punishment was warranted. Prosecutors had sought a 10-year prison sentence, close to the statutory maximum, but the court imposed a five-year term.

In December 2024, the Corruption Investigation Office for High-Ranking Officials, which was investigating Yoon over insurrection-related allegations, attempted to arrest him, marking the first such effort against a sitting president. The attempt failed after the Presidential Security Service blocked investigators by deploying personnel and erecting barricades, preventing execution of the arrest warrant. Special prosecutors later indicted Yoon, concluding that he had ordered the security service to obstruct the arrest.

The court said the conduct constituted a serious crime that undermined the legitimate exercise of state authority and the nation’s legal order. It found Yoon guilty on all related charges, including special obstruction of official duties, abuse of authority to interfere with the exercise of rights, and instigating the harboring of a criminal.

The court also found Yoon guilty of summoning only selected Cabinet members on the day martial law was declared, concluding that the move was meant to create the appearance of a formal Cabinet meeting. It said the Constitution and the Martial Law Act explicitly require Cabinet deliberation on a martial law declaration to prevent abuse of presidential emergency powers and to check unilateral decision-making. The court said Yoon should have considered the views of all Cabinet members and acted with greater caution. Legal observers said the ruling could influence upcoming first-instance verdicts for related defendants, including former Prime Minister Han Duck-soo. The court acquitted Yoon only on charges involving the use of falsified official documents and the dissemination of false information to foreign media.

Yoon’s legal team said immediately after the ruling that it would appeal. The lawyers also indicated they might boycott future proceedings, saying the appellate panel handling insurrection-related cases raised serious constitutional issues and that they were carefully considering whether to attend upcoming hearings.


송혜미 1am@donga.com