Amidst ongoing impeachment proceedings, South Korea’s President Yoon faces insurrection charges over his failed martial law attempt.
South Korean President Yoon Suk Yeol is currently embroiled in a high-stakes legal battle after being indicted on charges of insurrection following his controversial attempt to impose martial law in December 2023. The charges were filed on January 26, with prosecutors accusing Yoon of being the “ringleader of an insurrection” related to his short-lived declaration of martial law.
Yoon’s legal team has yet to cooperate with investigators, maintaining that the martial law declaration was within the scope of presidential powers, intended not to disrupt democratic processes but to maintain order. However, legal experts, including Professor Youngmi Kim from the University of Edinburgh, have pointed to significant evidence suggesting that Yoon’s actions were illegal. “There’s ample proof that what he did was unlawful,” Kim said, adding that the constitutional framework would prevail in the end.
Some observers have suggested that the case against Yoon is clear-cut, citing the “ample data and evidence” available. Baik Tae-Ung, a law professor at the University of Hawaii, noted that proving Yoon’s involvement in the martial law attempt would not be difficult for the prosecution. “The primary challenge for the prosecution now is to secure an extended detention time to cross-check their evidence with Yoon’s testimony,” Baik remarked.
The President’s defence, however, maintains that martial law was a legal exercise of authority. According to South Korean law, insurrection is a severe offence, defined as an attempt to overthrow or incapacitate the government. If convicted, Yoon could face life imprisonment or death.
While the prosecution has a strong case, some commentators suggest that Yoon’s legal strategy may focus on delaying the proceedings and hoping for a shift in the political landscape. A change in public sentiment could influence the political environment in his favour, especially after the People Power Party, which supports Yoon, saw an uptick in approval ratings.
Despite the growing support for his party, legal experts caution that the outcome of the case is still uncertain. The Constitutional Court’s decision on Yoon’s impeachment is expected soon, and this will significantly impact his political future. As his impeachment process unfolds, both political and legal developments continue to shape the course of Yoon’s presidency.
