Supreme Court upholds Yoon's prison sentence

South Korea's Supreme Court on Wednesday upheld a seven-year prison sentence for former President Yoon Suk Yeol, finalizing his conviction for obstructing the execution of an arrest warrant by directing the Presidential Security Service to block investigators. The warrant had been issued by the Corruption Investigation Office for High-ranking Officials as part of its investigation into Yoon's Dec. 3 martial law declaration. The ruling, delivered 583 days after the declaration, marks the first final verdict in the series of criminal cases arising from the martial law episode.

In a ruling handed down Thursday, the Supreme Court's Third Division, with Justice Lee Sook-yeon as the presiding justice, dismissed Yoon's final appeal, finding no error in the appellate court's legal reasoning. The decision finalizes the seven-year prison sentence and marks the first Supreme Court ruling among the eight criminal trials involving the former president.

The court also rejected Yoon's argument that the Corruption Investigation Office for High-ranking Officials lacked the authority to investigate the case. Citing Article 84 of the Constitution, which grants a sitting president immunity from criminal prosecution except in cases of insurrection or treason, the court ruled that the provision limits prosecution during a president's term but does not bar criminal investigations. It further held that the insurrection allegation fell within the agency's jurisdiction because it emerged as a related offense during an investigation into alleged abuse of authority.

The Supreme Court also rejected Yoon's argument that the arrest warrant had been executed unlawfully. The justices said the head of the Presidential Security Service failed to provide any specific legal basis for refusing to comply with the warrant and found no indication that carrying it out would have jeopardized the nation's vital interests. They therefore upheld the lower court's finding that Yoon was guilty on all charges, including using the Presidential Security Service to obstruct the warrant's execution.

Yoon's lawyers criticized the decision, saying the Supreme Court failed to fully consider several key arguments raised in the appeal. They said they are reviewing the option of filing a constitutional complaint. Thursday's ruling was also the first decision by a Supreme Court panel to be broadcast live.


여근호 yeoroot@donga.com