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10 May 2025 3:35
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  •   Home > News > International

    South Korea's ex-president Yoon Suk Yoel is on trial for rebellion. Here's what you need to know

    Yoon Suk Yeol has been removed from office but now faces a criminal trial that could take years.


    The drama that has engulfed South Korea's politics is far from over.

    Former president Yoon Suk Yeol's decision to enact martial law and send troops onto Seoul streets last year cost him his job.

    Now, ten days after being ousted from office over the debacle, he's appeared in court for the first time on rebellion charges.

    If convicted he could face a life sentence, or theoretically, the death penalty.

    Yoon's decision to declare military rule made him the country's first president to be indicted while in office.

    Here is what we know about the trial, which could take years.

    What does Yoon say about the rebellion charges?

    Yoon has always denied wrongdoing and in court said his martial law declaration late last year was "not a coup d'etat".

    Prosecutors argued in court that he never had the legal grounds to declare martial law, and accused him of paralysing state institutions, including the parliament.

    When the Constitutional Court upheld the parliament's impeachment of Yoon and removed him from office last month, it stated Yoon's violation of the constitution and other laws was too grave to be tolerated and "betrayed public confidence."

    It said Yoon's martial law enactment "caused confusion in the society, economy, politics, diplomacy and all other areas."

    The Seoul Central District Court is reviewing whether Yoon's martial law imposition amounted to an act of masterminding a rebellion.

    The charge carries only two sentences — the death penalty or life imprisonment.

    Yoon maintained his decree was a desperate yet peaceful attempt to raise public awareness about how the "anti-state" liberal opposition was allegedly abusing its legislative majority to obstruct his agenda and complicate state affairs.

    "The fact that they built a rebellion charge over an event that lasted only a few hours and was resolved non-violently after the National Assembly's demand to lift the measures was immediately accepted … doesn't align with proper legal reasoning," Yoon told the court on Monday, Yonhap newsagency reported.

    Some observers have said that Yoon's rebellion charges are debatable, as his decree didn't lead to major violence or cause any serious civilian casualties.

    What are the key issues?

    The main issue in Yoon's criminal trial is whether his deployment of hundreds of troops to the National Assembly and election commission offices constituted an illegal attempt to shut down those institutions.

    While a president has no constitutional authority to shutter the legislature, even under martial law, Yoon's martial law command did declare a suspension of all political activities at the National Assembly.

    Yoon has defended his actions, saying he never attempted to paralyse the National Assembly and had always planned to accept the outcome if lawmakers voted to lift martial law, which they did just hours after its declaration.

    His claims contradict the testimonies of some military commanders, who say Yoon ordered them to drag lawmakers out of the chamber to prevent them from voting against his decree.

    The Seoul court will focus on "determining whether there was an intent to undermine constitutional order, and individually assess a broad range of specific actions, including the circumstances under which the military and police forces were deployed," lawyer Yang Hong-seok told AP.

    When does South Korea go to the polls?

    Yoon's dismissal prompted a June 3 snap election to choose his successor, who will be given a full five-year term.

    Observes say Yoon will likely try to influence the People Power Party selection of a presidential candidate, as he would want someone who can stand up for him and pardon him if he's convicted.

    In a public message last week, Yoon expressed gratitude to his supporters and stressed that he will "continue to do my utmost" to build the "free and prosperous Republic of Korea that we have dreamed of together."

    Yoon no longer enjoys presidential immunity from most criminal prosecutions. 

    Experts say prosecutors could subsequently charge him with abuse of power and other crimes related to his martial law decree.

    The case is expected to include a significant number of witnesses and documents, with some legal expert predicting the case could take up to two years to finalise.

    ABC/wires


    ABC




    © 2025 ABC Australian Broadcasting Corporation. All rights reserved

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