February 20, 2025
SEOUL – On Thursday, for the first time in South Korean history, a sitting president will be tried in a court of criminal law, beginning another high-profile legal battle against suspended President Yoon Suk Yeol, who is charged with leading an insurrection and abuse of power.
Thursday’s pretrial hearing at the Seoul Central District Court will mark the start of a trial that could last up to six months, feature key witnesses, and lead to life imprisonment.
Under South Korean law, prosecutors can hold a defendant in custody for up to six months after indictment, meaning Yoon could remain detained until July 25 unless the court grants him bail or rescinds his arrest.
If the court fails to deliver a verdict by the end of July, the case will proceed without detention.
Unlike Yoon’s impeachment trial, which focuses on his alleged constitutional violations, his criminal trial will delve into his specific offenses under criminal law, and will determine whether his botched imposition of martial law was a justified action or an attempted insurrection led by him.
While the two trials differ in nature, legal experts believe Yoon and his lawyers will argue that his martial law declaration was not an act of leading an insurrection and will likely frame the trial itself as political persecution by the prosecution.
Experts weigh in on arguments, sentencing
This criminal trial will determine Yoon’s fate, with some experts predicting a life sentence in the initial ruling due to the severity of the charge: leading an insurrection. While according to the Criminal Act, those convicted of leading an insurrection face either the death penalty or life imprisonment, Yoon is unlikely to receive the death penalty since his martial law declaration did not actually result in deaths or injuries, unlike past cases that resulted in severe human rights violations, one legal expert said.
“Unlike ex-President Chun Doo-hwan, who was responsible for the 1980 Gwangju massacre that left at least 160 dead, Yoon’s martial law declaration did not cause significant injuries or deaths. I expect the court to sentence him to life imprisonment rather than the death penalty,” said Noh Hee-bum, a former research judge at the Constitutional Court.
As he did at the Constitutional Court, Yoon is expected to argue that his martial law declaration was merely a “warning to the opposition” or an attempt to “enlighten” the public on how opposition parties supposedly paralyzed his administration’s agenda and undermine the Constitution, according to another legal expert.
“He will deny the allegation that he led an insurrection. I personally think Yoon, who is a former career prosecutor and legal professional, knows he cannot be acquitted in the criminal trial. But he will likely attempt to sway public opinion and unite his far-right supporters by raising multiple controversies and politicizing the trial,” said Lee Yun-ju, a law professor at Myongji University.
Lee said that politicizing his trial would be the only way Yoon has left to remain valuable to his ruling People Power Party and to secure a potential special pardon, provided the PPP retains power in the upcoming presidential election.
“Different attempts will be made by Yoon’s legal representatives to postpone the trial’s procedures. Yoon already filed a request at the Seoul Central District Court to rescind his arrest warrant. But I expect the first trial verdict to be made within six months, because there is enough evidence against him,” Lee said.
“The Seoul Central District Court’s decision to stop assigning new cases to the division that is tasked with handling Yoon’s case (and other cases in regard to his martial law declaration), proves the court’s intention to conduct swift trial,” a prosecutor-turned-lawyer who requested anonymity told The Korea Herald.
The lawyer explained that the court can reduce or suspend a division’s caseload to expedite cases that, if delayed, could spark prolonged debate in society.
“If the case is not concluded within the period of his arrest warrant and Yoon is released from detention, the prosecution will be severely criticized. Considering the seriousness of the matter, the prosecutors will not attempt to create any controversy by dragging out the trial,” the lawyer said.
What to expect after Constitutional Court ruling
If the court confirms his impeachment and removal from office, Yoon will lose the presidential immunity granted under Article 84 of the Constitution, which shields the president from criminal prosecution except for cases of insurrection or treason. This immunity allowed prosecutors to indict him only for leading an insurrection in January, but if lifted, they could pursue additional charges, such as committing abuse of power, potentially leading to another criminal trial.
However, Yoon’s criminal liability could get more complex if the Constitutional Court does not confirm his impeachment, according to legal experts.
“If the president is indicted and detained on charges of leading an insurrection, he cannot be immediately released and reinstated. Yet, political uncertainty could reach an unprecedented level if the court keeps Yoon in detention,” said Noh.
Legal experts warn that a fierce debate could begin over revoking his arrest warrant, possible reinstatement and whether there still needs to be an acting president. The prolonged absence of an elected president could lead to significant instability and confusion.
But, Noh sees the possibility of Yoon’s release from detention as extremely low, believing the court will not approve either his bail request or petition to rescind his arrest warrant.
“A president is granted the privilege of not being criminally prosecuted while in office, except for crimes of insurrection or treason,” he said. “As the president has been indicted with detention, Finance Minister Choi Sang-mok will continue to serve as the acting president,” he said.
Fates of past presidents
Though being the first sitting president to go on trial for criminal charges, Yoon is not the first president to be criminally charged.
Criminal trials were held for four past presidents — Chun Doo-hwan, Roh Tae-woo, Lee Myung-bak and Park Geun-hye — before Yoon. None of them were serving as president at the time they were arrested.
The most recent case involves ex-President Lee, who was charged in April 2018 on 16 criminal counts including embezzlement and bribery.
A district court found him guilty of seven counts and sentenced him to 15 years in prison in its first trial verdict in October 2018. However, Lee only spent two years and six months in prison, as he was pardoned in 2022 by Yoon himself.
Prosecutors indicted then-President Park with detention on multiple charges, including bribery, abuse of power and coercion in April 2017.
In its 2018 ruling, the court found Park guilty of 16 out of the 18 charges and sentenced her to 24 years in prison.
Park was then jailed for four years and nine months, as she was pardoned by subsequent President Moon Jae-in.
Chun and Roh were the first two former presidents to be placed under arrest in 1995.
They were each indicted on charges of insurrection, treason, bribery and corruption in January 1996.
Seoul District Court sentenced Chun to death and handed down a prison term of 22 years and 6 months to Roh with its first trial verdict in August of the same year.
Though the Supreme Court confirmed the lower court’s ruling that sentenced Chun to life imprisonment and Roh to 17 years and six months, the two former presidents were pardoned by former President Kim Young-sam in 1997, after serving two years in prison.