Martial Law Controversy: South Korea’s President Accused of Insurrection

By Anastasios Gordon Sekandi – updated at 23:19 EAT Sunday 26 Jan 2025

(HICGI) – Suspended South Korean President Yoon Suk Yeol has been indicted by prosecutors on insurrection charges following his brief imposition of martial law.

South Korean President Yoon Suk-Yeol speaks to the nation at the Presidential Office in Seoul, South Korea on December 7, 2024. Courtesy Photo.

In early December, Yoon attempted to impose martial law, triggering political chaos and rekindling painful memories of South Korea’s authoritarian era.
Yoon defended his actions by accusing the main opposition party of pro-North Korean sympathies and anti-state activities. However, parliament swiftly overturned the declaration.
Denying any wrongdoing, Yoon was impeached by parliament shortly after and has remained in custody since his arrest last week.

Prosecutors announced the charges on Sunday evening, marking the first time in South Korea’s history that a sitting president has been indicted.

“There are no grounds to reconsider the arrest warrant issued against the president based on the current investigation,” prosecutors said in a statement, adding that “ample evidence supports the charges.”

During parliamentary hearings, military commanders testified that they had received direct orders from Yoon to forcibly enter parliament and “drag out” lawmakers who were inside. Yoon has denied these allegations.

Following the declaration of martial law, Yoon allegedly instructed Hong Jang-won, the first deputy director of the National Intelligence Service, to “arrest” 14 political and legal figures—including the opposition leader—and to “clean everything up.”

Yoon allegedly stated he would grant the intelligence service the authority to initiate counter-intelligence investigations, pledging to “support it with funds and personnel unconditionally.”

The details were initially disclosed to reporters by lawmakers who had been briefed on the conversation. Hong later confirmed the accuracy of the information to a local media house.

This move marks the latest chapter in the ongoing political saga sparked by the president’s declaration of martial law.

The embattled president had been confined to his heavily fortified residence for weeks, guarded closely by his Presidential Security Service team, before ultimately being arrested.

The country’s Corruption Investigation Office for High-Ranking Officials (CIO) made its first attempt to detain Yoon earlier this month. However, the effort failed following an hours-long standoff, during which soldiers and members of the presidential security detail prevented approximately 80 police officers and investigators from approaching the presidential compound.

The CIO succeeded in arresting Yoon on their second attempt, but he has since refused to cooperate with any of their investigations.

Yoon’s party dismissed the indictment, labeling the CIO’s investigation records as “illegal.”

In a statement, his lawyers claimed that “the prosecution has committed a historic mistake,” arguing that Yoon’s declaration of martial law does not constitute an act of insurrection.

South Korea’s main opposition Democratic Party welcomed the indictment, urging the court to hold President Yoon accountable for what it described as “violations of constitutional order and trampling on democracy.”

With Sunday’s indictment, Yoon now faces two trials: one at the Constitutional Court, which will rule on his impeachment case and determine his political future—likely by spring. The court’s decision will establish whether Yoon will be formally removed from the presidency or reinstated. The second trial is a criminal case accusing him of leading an insurrection.

Yoon, a former prosecutor, faces the possibility of life imprisonment or even the death penalty if convicted of insurrection, though South Korea has not carried out an execution in decades.

Under South Korean law, sitting presidents enjoy immunity from most criminal prosecutions. However, this protection does not extend to charges of insurrection or treason.

Yoon’s declaration of martial law previously led to the indictment of his former defense minister, Kim Yong-hyun, along with several military commanders and police chiefs.

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