No Upset!... Former President Yoon Sentenced to Life Imprisonment as “Ringleader of Insurrection”

[Choice Times=Byung-Tae Kim, Staff Reporter]

There was no upset.

Former President Yoon Suk-yeol, who declared an illegal state of martial law, was sentenced to life imprisonment after being convicted as the ringleader of insurrection. This was the court’s conclusion, delivered 443 days after Yoon’s failed attempt to impose emergency martial law on December 3 last year.

On the 19th, the Criminal Division 25 of the Seoul Central District Court (Presiding Judge Ji Gwi-yeon) ruled that Yoon’s declaration of emergency martial law constituted “an insurrection—an armed uprising mobilizing the military with the purpose of subverting the constitutional order,” and sentenced the former president to life imprisonment.
Former Defense Minister Kim Yong-hyun was sentenced to 30 years in prison; former Intelligence Command chief Noh Sang-won to 18 years; former National Police Agency Commissioner Cho Ji-ho to 12 years; former Seoul Metropolitan Police Agency chief Kim Bong-sik to 10 years; and former National Assembly Security Chief Mok Hyun-tae to three years.

The court rejected Yoon’s argument that the declaration of martial law was a highly discretionary act of presidential governance not subject to judicial review, and that even if reviewed legally, the emergency martial law did not satisfy the elements of the crime of insurrection.

The court stated, “The defendant Yoon Suk-yeol appears to have declared martial law due to the opposition party’s serial impeachment of government officials and budget cuts,” but added, “What the court considered most critical in assessing the emergency martial law was the deployment of the military to the National Assembly.”

It further explained, “While the declaration of emergency martial law is a constitutional authority of the president and may not itself be subject to judicial review, its contents cannot obstruct or paralyze other state institutions explicitly provided for in the Constitution—namely, the National Assembly and the National Election Commission.”

The presiding judge added, “One must not steal a candle in order to read the Bible,” noting that “this constitutes insurrectionary conduct and is punishable under Article 93, Paragraph 2 of the Criminal Act.”

Before pronouncing the sentence, Judge Ji admonished the former president, stating, “Despite causing enormous national damage through an erroneous judgment and dragging military personnel, police officers, and public officials into this matter—thereby inflicting tremendous suffering on them and their families—I have never heard a proper apology from the defendant to this day.” He continued, “Even now, countless people are suffering harm because of the defendant.”

Regarding former Defense Minister Kim Yong-hyun, the court said, “He appears to have played a leading role in preparing this emergency martial law, pre-planned the deployment of troops to the National Assembly, the National Election Commission, and the Democratic Party headquarters, and independently devised separate plans to conduct investigations into alleged election fraud.” The court added that “he also appears to have encouraged Yoon Suk-yeol’s irrational decision from close proximity.”

This newspaper evaluates Presiding Judge Ji Gwi-yeon’s reasoning as sufficiently logical and reasonable.

The court’s determination that the case constituted “insurrection” had already been anticipated. In earlier trials concerning former Prime Minister Han Duck-soo and former Minister of the Interior and Safety Lee Sang-min on charges of involvement in insurrection, the courts likewise recognized the December 3 emergency martial law as insurrection and sentenced them to 23 years and seven years in prison, respectively.

At the sentencing hearing last month, the special prosecutors’ team led by Cho Eun-seok argued that Yoon “used emergency martial law as a means to monopolize power and attempt long-term rule,” and requested the death penalty for the former president.