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    Home > Headlines > Explainer-What you need to know about trials faced by South Korea's former president Yoon
    Headlines

    Explainer-What you need to know about trials faced by South Korea's former president Yoon

    Published by Global Banking & Finance Review®

    Posted on January 16, 2026

    4 min read

    Last updated: January 19, 2026

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    Quick Summary

    Former South Korean President Yoon Suk Yeol faces multiple trials, including insurrection and martial law charges, following his loss of presidential immunity.

    Table of Contents

    • Overview of Yoon's Legal Trials
    • Insurrection Trial
    • Charges Related to Martial Law
    • Additional Legal Challenges

    Understanding the Legal Challenges Facing South Korea's Former President Yoon

    Overview of Yoon's Legal Trials

    By Joyce Lee

    SEOUL, Jan 16 (Reuters) - A South Korean court on Friday sentenced former president Yoon Suk Yeol to five years in prison for charges including obstructing attempts to arrest him, in the first ruling related to his failed bid to impose martial law.

    Yoon, who was a former top prosecutor before becoming president, faces eight separate trial proceedings concerning his martial law declaration in 2024 and other actions, having lost presidential immunity since he was ousted by the Constitutional Court in April last year.

    Insurrection Trial

    Here is what we know about Yoon's criminal trials: 

    INSURRECTION TRIAL 

    Yoon is on trial for masterminding an insurrection in which prosecutors have asked for the death penalty, arguing that he lacked the legal grounds to declare martial law and order troops to arrest lawmakers during his botched attempt to impose martial law.

    Yoon has denied the charges and said that his martial law declaration, which lasted about six hours, was to protect liberal democracy.

    Yoon, who has been detained at the Seoul Detention Centre, made his final remarks earlier this week and the Seoul Central District Court is due to rule on this case on February 19.

    Prosecutors also asked for a life sentence in prison for Yoon's former defence minister, Kim Yong-hyun, for alleged insurrection and abuse of power. The former chiefs of the Capital Defence Command and the Defence Counterintelligence Command as well as former senior police officials are also being tried.

    On January 15, 2025, Yoon became the first sitting president to be arrested after a lengthy showdown with law enforcement officials.

    He was released from jail on March 8 after a court cancelled his arrest warrant, citing the timing of the indictment and questions about the legality of the investigation.

    But the former leader returned to detention on July 10, after the court granted a detention warrant requested by a special prosecution team investigating additional charges.

    Charges Related to Martial Law

    MARTIAL LAW CHARGES

    In what had been the first-ever criminal prosecution of an incumbent leader, Yoon was indicted in January 2025 on charges of leading an insurrection.

    If convicted, leading an insurrection is punishable with life imprisonment with or without labour, or death.

    South Korea last handed down a death sentence in 2016, but has not executed anyone since 1997.

    On Friday, the Seoul Central District Court gave Yoon a five-year jail term for charges that included obstructing attempts by authorities to arrest him by deploying presidential security service officials.

    The court also found him guilty of not following due process when declaring martial law by failing to contact all of his ministers beforehand, fabricating an official document related to martial law, destroying potential evidence by deleting official phone data and other charges.

    Yoon, who has denied the charges, plans to appeal, his lawyer said.

    The special counsel team created after new President Lee Jae Myung took office in June also accused Yoon of trying to provoke North Korea into mounting an armed aggression to justify his martial law declaration and eliminate political opponents.

    Additional Legal Challenges

    OTHER CHARGES

    Yoon also faces trials for charges including perjury concerning his testimony during a trial involving his former prime minister, and a violation of the Political Fund Act related to a power broker associated with his wife and former first lady Kim Keon Hee.

    In addition, Yoon has been charged with abuse of authority and obstruction of exercise of due rights over allegations that military officials and the presidential office interfered in an internal investigation into the death of a marine in 2023.

    Yoon has denied these charges.

    (Reporting by Joyce Lee and Ju-min Park; Editing by Ed Davies and Christian Schmollinger)

    Key Takeaways

    • •Yoon Suk Yeol sentenced to five years for obstructing arrest.
    • •Faces eight separate trials related to martial law declaration.
    • •Insurrection trial seeks death penalty for Yoon.
    • •Yoon plans to appeal the court's decision.
    • •Additional charges include perjury and abuse of authority.

    Frequently Asked Questions about Explainer-What you need to know about trials faced by South Korea's former president Yoon

    1What is a legal trial?

    A legal trial is a formal examination of evidence in a court, where a judge or jury makes a decision regarding a legal dispute or criminal charge.

    2What is presidential immunity?

    Presidential immunity is a legal doctrine that protects a sitting president from being sued for actions taken while in office.

    3What is a court ruling?

    A court ruling is a decision made by a judge or court regarding the outcome of a legal case.

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