Could President Yoon Suk Yeol face the death penalty?
by Sophie-Ha · allkpopProsecutors, who are investigating the December 3 martial law situation, have reportedly specified in their request for an arrest warrant against former Defense Minister Kim Yong Hyun that "he conspired with President Yoon Seok Yeol to incite a rebellion to disturb the constitutional order of the state."
The prosecution classified former Minister Kim as a "key operative" in the crime of rebellion under the Criminal Act while effectively identifying President Yoon as the "ringleader" of the rebellion. This move signals the prosecution's intention to apply the charge of "ringleader of a rebellion" or treason against President Yoon Suk Yeol, which carries a maximum sentence of the death penalty.
This development has led to evaluations that the prosecution has now effectively committed to a direct investigation into President Yoon.
According to legal circles on December 10, the special investigation headquarters for the martial law case (led by Seoul High Prosecutor Park Se Hyun) filed an arrest warrant against former Minister Kim the previous night, explicitly citing his conspiracy with President Yoon.
Article 87 of the Criminal Act stipulates that a person who "incites a rebellion with the intent to exclude state power or disrupt the constitutional order within all or part of the territory of the Republic of Korea" is classified and punished according to their role as (1) the ringleader, (2) a key operative, or (3) a mere participant. The ringleader faces punishment ranging from the death penalty to life imprisonment or indefinite detention, while a key operative faces imprisonment of five years or more, and a mere participant faces imprisonment of up to five years. Since rebellion is a crime that involves the participation of multiple people, a conspiracy is generally considered to be formed among the participants.
The prosecution classified former Minister Kim as a key operative, not a ringleader. Legal experts have interpreted this as the prosecution effectively designating President Yoon as the ringleader.
Before filing the arrest warrant, the prosecution is said to have interrogated former Minister Kim to determine what instructions he received from President Yoon regarding martial law and what specific orders he subsequently gave to the martial law forces.
Previously, it had been reported that during the period of martial law, President Yoon allegedly called figures such as former Counterintelligence Command Chief Yeon In Hyung, former Capital Defense Command Chief Lee Jin Woo, and former Army Special Warfare Command Chief Kwak Jong Geun to inquire about on-site conditions. He was also alleged to have instructed former National Intelligence Service First Deputy Director Hong Jang Won to "round up and detain all key political figures" at the time.
The prosecution, which has been summoning military leaders for questioning in quick succession, is expected to launch an investigation into President Yoon as soon as it completes its preliminary inquiries. Since the charge of "ringleader of a rebellion" is a serious felony that can result in the death penalty, it is anticipated that the prosecution will attempt to secure custody of President Yoon before formally indicting him.
Former Minister Kim waived his right to the court's warrant review, which was scheduled for the afternoon of December 10. In a statement issued earlier that day, he declared, "All responsibility for this situation rests solely with me." It has been reported that he believes the facts of the case have already been sufficiently investigated by the prosecution and that he will accept any judgment rendered by the court.
Nam Cheon Gyu, the chief judge in charge of arrest warrants at the Seoul Central District Court, conducted a warrant review session at 3:00 PM on December 10, with only the prosecution present. Given that this is expected to be the first judicial ruling on the martial law case, it has drawn considerable public attention.
If the court finds the rebellion charge against former Minister Kim to be sufficiently substantiated, the investigation into President Yoon is expected to accelerate. However, if the court denies the warrant, the prosecution — having staked its organizational reputation on the investigation — could face significant setbacks early in the process.
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