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Yoon Suk Yeol · criminal prosecution · impeachment · martial law · presidential immunity

Was Yoon Suk Yeol removed from office and convicted over the December 2024 martial law declaration?

He was removed from office and convicted at first instance of leading an insurrection, and that conviction is under appeal. On 4 April 2025 the Constitutional Court unanimously upheld his impeachment over the 3 December 2024 martial law declaration, a constitutional removal that is not a criminal verdict. On 19 February 2026 the Seoul Central District Court convicted him of leading an insurrection and sentenced him to life imprisonment, and both he and the special prosecutors appealed. On 29 October 2026 the special prosecutors again sought the death penalty in final arguments at the Seoul High Court. Separately, a seven-year sentence, including for obstructing the execution of an arrest warrant, became final on 9 July 2026, and on 12 June 2026 a district court imposed 30 years in a case over drone flights into North Korea, which he has appealed. His position is that the decree was a warning and that he never intended to fully impose martial law.

Last verified 30 October 2026. Republic of Korea

The record at a glance

What was alleged?Prosecutors charged Yoon as the ringleader of an insurrection, alleging that he declared unlawful emergency martial law, mobilised the military and police to blockade the National Assembly and attempted to detain political figures and election commission staff. The special prosecutors sought the death penalty at first instance and again on appeal.1,2,3,4,5
Who made the claim?Public prosecutors (indictment) and special prosecutor team (appeal), 26 January 2025
How did Yoon Suk Yeol respond?Yoon's position is that he never intended to fully impose martial law and that the decree was a warning meant to raise public awareness of how the opposition was paralysing state affairs. His lawyer called the life sentence predetermined and he has appealed. After his removal from office he apologised for not meeting public expectations, in a message issued through his attorneys.1,6,7 (the subject's position)
Was there an official finding?The Constitutional Court removed Yoon from office on 4 April 2025 by a unanimous decision.8,9
A first-instance court convicted him of leading an insurrection on 19 February 2026 and imposed life imprisonment, and the case is on appeal.2,3,5,7
A separate seven-year sentence in the obstruction case is final since 9 July 2026.12
A first-instance court sentenced him to 30 years on 12 June 2026 for benefiting the enemy and abuse of power over drone flights into North Korea, and he appealed.11
Was liability determined?Not yet. Proceedings are pending. Insurrection: convicted at first instance with a life sentence, appeal pending at the Seoul High Court. Impeachment removal is a constitutional sanction, not a criminal conviction. Obstruction case: final conviction with a seven-year sentence. Drone infiltration case: convicted at first instance with a 30-year sentence, appeal pending.2,7,9,11,12
What changed later?As of 30 October 2026 Yoon is in custody, the special prosecutors have again sought the death penalty in his insurrection appeal at the Seoul High Court, defence closings and his final statement are scheduled for early November 2026, and his seven-year obstruction sentence is final.2,5,7,12,13
When was this checked?30 October 2026

What was alleged?

Claim

Prosecutors charged Yoon as the ringleader of an insurrection, alleging that he declared unlawful emergency martial law, mobilised the military and police to blockade the National Assembly and attempted to detain political figures and election commission staff. The special prosecutors sought the death penalty at first instance and again on appeal.1,2,3,4,5

Made by Public prosecutors (indictment) and special prosecutor team (appeal) on 26 January 2025.

What did Yoon Suk Yeol say?

Subject's position

Yoon's position is that he never intended to fully impose martial law and that the decree was a warning meant to raise public awareness of how the opposition was paralysing state affairs. His lawyer called the life sentence predetermined and he has appealed. After his removal from office he apologised for not meeting public expectations, in a message issued through his attorneys.1,6,7

"I am deeply sorry and regretful for not being able to live up to your expectations"

Yoon Suk Yeol, message conveyed through his attorneys (as reported by Korea JoongAng Daily), 4 April 2025. This is the subject's own account, not a finding.

What do independent records show?

Government

Indictment with detention (as reported by Al Jazeera)

Public prosecutors, Republic of Korea, 26 January 2025

Yoon was indicted as ringleader of an insurrection over the martial law decree. He had been in custody since 15 January 2025.1

Court

Decision on the impeachment of the President (as reported by Asia Economy and The Korea Times)

Constitutional Court of Korea (eight justices), 4 April 2025

The court upheld the impeachment 8 to 0 and removed Yoon from office, finding that the declaration ignored the constitutional governance structure and infringed fundamental rights and that no emergency justifying martial law had occurred.8,9,10

Court

First-instance judgment in the insurrection case (as reported by CBS News)

Seoul Central District Court (Judge Jee Kui-youn), 19 February 2026

Found Yoon guilty of leading an insurrection and sentenced him to life imprisonment, finding it established that he intended to obstruct or paralyse the National Assembly. Prosecutors had sought death.7

Court

First-instance judgment in the drone infiltration case (as reported by Yonhap via The Korea Times)

Seoul Central District Court, 12 June 2026

Convicted Yoon of benefiting the enemy and abuse of power, finding that he ordered drone flights into North Korea in October 2024 to create a pretext for martial law, and sentenced him to 30 years. His lawyers argued it was a legitimate military operation and appealed the same day.11

Court

Final ruling in the obstruction case (as reported by The Korea Herald)

Supreme Court of Korea, 9 July 2026

Upheld a seven-year sentence on charges including obstructing the execution of an arrest warrant and violating Cabinet members' right to deliberate. The Seoul High Court had raised the first-instance five years to seven in April 2026.12

Court

Closing hearing of the prosecution in the insurrection appeal (as reported by Yonhap via The Korea Herald and by The Fact)

Seoul High Court, Criminal Division 12-1, 29 October 2026

The special counsel team again asked for the death penalty, arguing the life sentence was too lenient. The court said it would hold two further hearings, with Yoon's final statement due the following week, before setting a sentencing date.5,13

What was established?

Distinctions that matter here

Was liability determined?

Not yet. Proceedings are pending. Insurrection: convicted at first instance with a life sentence, appeal pending at the Seoul High Court. Impeachment removal is a constitutional sanction, not a criminal conviction. Obstruction case: final conviction with a seven-year sentence. Drone infiltration case: convicted at first instance with a 30-year sentence, appeal pending.2,7,9,11,12

What remains unresolved?

What is the current status?

As of 30 October 2026 Yoon is in custody, the special prosecutors have again sought the death penalty in his insurrection appeal at the Seoul High Court, defence closings and his final statement are scheduled for early November 2026, and his seven-year obstruction sentence is final.2,5,7,12,13

As of 30 October 2026. Next known step: 5 November 2026 scheduled final statement by Yoon, Seoul High Court (date per Yonhap, other reports differ).

Timeline

  1. Yoon declares emergency martial law, which is lifted after the National Assembly votes against it.1,8
  2. National Assembly impeaches Yoon.1
  3. Yoon is arrested, the first sitting president to be arrested.1
  4. Prosecutors indict Yoon for insurrection.1
  5. Constitutional Court upholds the impeachment 8 to 0 and removes him from office.8,9
  6. Seoul Central District Court sentences him to life imprisonment for leading an insurrection.7
  7. Seoul Central District Court sentences him to 30 years in the drone infiltration case.11
  8. Insurrection appeal resumes at the Seoul High Court after a recusal motion is dismissed, and the special prosecutors ask for the death penalty.3,4
  9. Supreme Court upholds the seven-year sentence in the obstruction case.12
  10. Special prosecutors again seek the death penalty in final arguments at the Seoul High Court.5,13

Sources

  1. Al Jazeera, South Korea prosecutors indict impeached President Yoon for insurrection, 26 January 2025 Independent reporting
  2. The Korea Herald, Yoon's insurrection appeal could see verdict by year's end, 15 October 2026 Independent reporting
  3. The Financial News (Korea), Yoon insurrection appeal trial resumes at Seoul High Court, 25 June 2026 Independent reporting
  4. The Korea Times, Special counsel again seeks death penalty for ex-President Yoon on insurrection charges (Yonhap), 25 June 2026 Independent reporting
  5. The Korea Herald, Special counsel again seeks death penalty for ex-President Yoon over martial law declaration (Yonhap), 29 October 2026 Independent reporting
  6. Korea JoongAng Daily, Korean President Yoon Suk Yeol 'regretful' after ousting from office, 4 April 2025 Independent reporting
  7. CBS News, Former South Korean President Yoon sentenced to life for martial law, 19 February 2026 Independent reporting
  8. Asia Economy, All Justices Unanimously Decide to Remove President Yoon from Office, 4 April 2025 Independent reporting
  9. The Korea Times, S. Korea's President Yoon Suk Yeol impeached, 4 April 2025 Independent reporting
  10. The Diplomat, Constitutional Court upholds South Korean president's impeachment, 4 April 2025 Independent reporting
  11. The Korea Times, Ex-President Yoon sentenced to 30 years in prison in drone infiltration case (Yonhap), 12 June 2026 Independent reporting
  12. The Korea Herald, First top-court ruling in Yoon's martial law-related criminal cases comes 583 days after failed declaration, 9 July 2026 Independent reporting
  13. The Fact, '내란 우두머리' 윤석열 2심 종착역…특검, 1심은 사형 구형, 29 October 2026 Independent reporting

Revision history

Related: Yoon Suk Yeol, criminal prosecution, impeachment, martial law, presidential immunity, Republic of Korea. To submit a document or request a correction, see right of reply.