Following Chun Doo-hwan and Roh Tae-woo, Yoon Faces Ordeal as Former President

With the first-instance verdict on former President Yoon Suk Yeol’s alleged role as ringleader of an insurrection in connection with the December 3 Martial Law Incident, the unhappy pattern of former presidents being punished has continued. With this ruling, Yoon became the second former president, after Chun Doo-hwan, to be found guilty as the leader of an insurrection.
Criminal Division 25 of the Seoul Central District Court, presided over by Judge Ji Gui-yeon, on the 19th found Yoon guilty on charges including leading an insurrection and sentenced him to life imprisonment. The court concluded that the declaration of martial law and the deployment of troops to the National Assembly met the elements of insurrection aimed at subverting the constitutional order.
This first-instance ruling is the second trial related to insurrection against a former president in about 30 years, following the first-instance judgment in the 12/12 Military Insurrection case in 1996.
In 1996, former President Chun Doo-hwan was found guilty at trial of charges including leading an insurrection over the 12/12 Military Insurrection and the suppression of the May 18 Democratization Movement, and was sentenced to death. His sentence was later commuted to life imprisonment and finalized. Former President Roh Tae-woo, who was indicted as an accomplice, received a final sentence of 17 years in prison.
In 1997, the Supreme Court, in the final appeal, established the legal doctrine on punishing insurrection, stating that acts of military rebellion and insurrection that render constitutional institutions unable to exercise their powers "can never be tolerated under any circumstances." The ruling also made clear that a president’s declaration of martial law is subject to judicial review if it departs from democratic procedures and constitutional order.
Beyond insurrection cases, former presidents have repeatedly faced "judicial risks" in the form of investigations and trials after leaving office. Former Presidents Chun Doo-hwan and Roh Tae-woo, as well as Lee Myung-bak and Park Geun-hye, all received finalized prison sentences. Former President Moon Jae-in was also indicted last year over alleged bribery involving his former son-in-law, and pretrial proceedings in his case are ongoing.
Former President Lee Myung-bak received a final sentence of 17 years in prison from the Supreme Court in 2020 on charges of embezzling funds from the auto parts company DAS and taking bribes. Former President Park Geun-hye received a finalized 20-year prison term in 2021 over the abuse of state power and bribery scandal. In Moon’s case, the start of a full trial has been delayed amid clashes between prosecutors and the defense over the evidence selection process following his indictment.
Since the founding of the government, most living former presidents have come under judicial scrutiny, creating a recurring "ordeal of former presidents." The guilty verdict for Yoon has now added another chapter to this repeated pattern in modern Korean history.
scottchoi15@fnnews.com Choi Eun-sol, Jeong Kyung-soo Reporter