Prosecutors in South Korea indicted President Yoon Suk Yeol on 26 January 2025, charging him with leading an insurrection during his controversial imposition of martial law last month, according to the Korean news agency Yonhap.
The indictment makes Yoon the first sitting president in the nation’s history to be charged while in detention.
Yoon allegedly conspired with former Defence Minister Kim Yong-hyun and others to declare an unconstitutional state of emergency on 3 December 2024, despite the absence of any significant national crisis. The charges include deploying military forces to parliament to prevent lawmakers from overturning the martial law declaration.
Additional allegations against Yoon include plans to detain key political figures, such as National Assembly Speaker Woo Won-shik and senior members of opposition parties. He also allegedly targeted officials from South Korea’s election watchdog.
Legal and political implications
The indictment follows Yoon’s detention by the Corruption Investigation Office for High-ranking Officials (CIO) on 15 January and his subsequent formal arrest on 19 January. The CIO, which investigated Yoon, transferred the case to the prosecution last week, citing its lack of authority to indict a sitting president.
Prosecutors were forced to act quickly as Yoon’s detention period was set to expire on 27 January. Under South Korean law, suspects must be released if not indicted within the legally defined detention period.
Despite seeking an extension to further investigate Yoon and directly question him, a Seoul court twice denied the prosecution’s request. This decision has drawn criticism from prosecutors, who argued that the refusal hindered their ability to conduct supplementary investigations.
“The court’s denial to extend the detention period twice is difficult to understand, as it prevented even the most basic supplementary investigations, such as questioning the defendant in person,” the prosecution said in a statement.
Prosecutors emphasised that Yoon’s indictment was based on a comprehensive review of evidence and cited concerns over potential destruction of evidence as a primary reason for proceeding without an extension.
Charges and possible outcomes
Yoon has been charged solely with leading an insurrection, as South Korean law grants sitting presidents immunity from indictment on charges other than insurrection or rebellion. If convicted, he faces a maximum penalty of life imprisonment or death. However, South Korea has not carried out an execution in decades.
During a hearing at the Constitutional Court on 23 January, Yoon’s legal team argued that the martial law declaration was never intended to be fully implemented. Instead, they claimed it was a strategic move to pressure opposition lawmakers, whom Yoon accused of obstructing state governance.
The Constitutional Court has up to 180 days to decide whether to impeach Yoon or reinstate him.
Political reactions
The indictment has sparked significant controversy, with sharply divided responses from political factions.
The presidential office condemned the prosecution’s decision, describing it as illegal and fraudulent. The ruling People Power Party echoed this sentiment, accusing prosecutors of pursuing a flawed indictment with severe legal and political ramifications.
In contrast, the main opposition Democratic Party called on Yoon to engage fully with the legal process, emphasising the gravity of the charges against him.
Yoon’s case has plunged South Korea into uncharted political and legal territory, with both the impeachment trial and criminal proceedings likely to shape the nation’s political landscape in the months ahead.
Prosecutors now face the challenge of proving Yoon’s guilt without the opportunity to directly question him, as the court’s rejection of the detention extension has constrained their investigative options.
