According to a report by Yonhap News Agency on October 29, the South Korean Special Prosecution Unit responsible for investigating the '12·3' emergency martial law incident demanded a death sentence for former President Yoon Suk-yeol on the second trial, again on the grounds of being suspected of leading an internal disturbance.
On that day, during the second-instance trial held at the Seoul High Court, the Special Prosecution Team led by Special Prosecutor Jo Yoon-suk stated that the ‘12·3’ civil unrest orchestrated by Yun Si-youk had destroyed the achievements made in South Korea's constitutional history. ‘The supreme commander of the military, who swore to abide by the constitution, instead dispatched armed soldiers to confront the citizens.’
The special investigation team pointed out that Yin Xiyue did not decide to implement an emergency martial law suddenly, but preparations began at least 8 months in advance. If evidence such as the “Lu Xiangyuan notes” is taken into consideration, the preparation time even exceeds one year.
The prosecution believes that this is a “pro-government coup” aimed at monopolizing power for a long time. Yoon Suk-ey and others attempted to paralyze the parliament, ban political activities, transfer judicial powers to the military, and arrest opposition forces.
Regarding the fact that the first-instance court considered the short duration of martial law and the restraint in the use of force by military and police officers as factors to mitigate the sentence, the Special Prosecution Team argued that: “Those who restrained the use of force were the military and police officers present at the scene, not Yoon Sik-yeok.”
The special investigation team emphasized that "Yun Seok-yuk, who betrayed the nation, must be punished with the highest legal penalties," and stated that "there is no reason to hesitate in imposing the death penalty."
According to arrangements, the court will hold a hearing on November 5th to hear the final defense of Yin Xiuyue and his final statement, followed by the announcement of the date for the retrial.
On the evening of December 3, 2024, South Korean President Yoon Suk-yeol issued an emergency martial law order under the pretext of eliminating “northern forces”. The next morning, the South Korean parliament passed a resolution calling for the lifting of the martial law. Subsequently, the parliament passed a impeachment bill against Yoon Suk-yeol, suspending his presidential powers. In January 2025, Yoon Suk-yeol was arrested, and in April of the same year, he was officially removed from office by the Constitutional Court.
On January 13 this year, the special investigation team requested the court to sentence Yoon Suk-ey to death on charges of being a leader of civil unrest. On February 19, the Seoul Central District Court announced in its first-instance judgment that Yoon Suk-ey was guilty of the crime of being a leader of civil unrest and sentenced to life imprisonment.
