The Seoul High Court delivered an appeals court ruling on Wednesday that sentenced former President Yoon Suk Yeol to seven years in prison. The court increased his punishment for a failed martial law decree in December 2024. This marks the first appellate outcome from a special court division. It handles insurrection related cases with particular seriousness.
The special counsel had sought a combined 10 year prison term for Yoon. Prosecutors charged him with obstruction of an arrest warrant execution. They also accused him of creating a martial law decree after the fact. Additionally, Yoon allegedly infringed on Cabinet members’ deliberation rights. He spread false information to foreign media and destroyed evidence. Thus, the appeals court ruling imposed a sentence two years longer than the lower court’s five year term.
The appellate court agreed with the lower court on one major point. Yoon violated the legal requirement to convene a Cabinet meeting before declaring martial law. However, the lower court found that Yoon violated the rights of seven Cabinet members. The Seoul High Court ruled that he also violated two more ministers’ rights. Those ministers were former Industry Minister Ahn Duk geun and former Agriculture Minister Kim Moon soo.
On December 3, 2024, Yoon called six Cabinet members to inform them of his martial law plan. He later summoned six additional members to secure a quorum for a meeting. Yoon began the meeting after four of them arrived at the presidential office. Meanwhile, Ahn and Kim failed to arrive in time. The appeals court ruling found that both ministers received notification too late. Thus, this effectively infringed their right to participate in deliberations.
The court also found Yoon guilty of abuse of power. Prosecutors alleged that Yoon ordered his press secretary to draft false press guidance. The guidance claimed an immediate threat to Korea’s democracy. It also stated that Yoon had allowed lawmakers to vote to lift martial law. The lower court had acquitted Yoon on this charge. However, the appeals court ruling disagreed, stating that public officials need not follow unlawful instructions.
The Seoul High Court upheld most other lower court findings. Yoon mobilized the Presidential Security Service to block arrest attempts in January 2025. The court confirmed that the Corruption Investigation Office acted under valid warrants. Yoon also signed a martial law decree on December 7, four days after declaring it. The court agreed that he signed this document to fabricate evidence of due process. Like the lower court, it acquitted him of using a forged document. Nevertheless, the appeals court ruling upheld his conviction for destroying presidential records. The court also found him guilty of obstructing official duties.
After the ruling, Yoon’s lawyers announced they would appeal the decision. Song Jin ho, one of Yoon’s attorneys, said they do not understand the legal logic. He added that they will go to the Supreme Court to debate the logic further. This appeals court ruling now heads to the highest judicial body for final review. Elite legal experts expect the Supreme Court to deliberate for several months. The case remains a significant test of South Korea’s judicial handling of presidential misconduct.
