- Photo: EPA
SEOUL: South Korea watchers expressed mixed views on Tuesday (Jan 13) after the special counsel requested the death penalty for former South Korean president Yoon Suk Yeol, alleging he led an insurrection through a failed self-coup attempt.
Even if Yoon is sentenced to death in the Feb 19 ruling and the sentence is later upheld by the Supreme Court, it remains highly unlikely he would be executed. South Korea is considered a de facto death penalty abolitionist, with no executions since December 1997, despite around 60 people remaining on death row.
While largely symbolic, the harshest possible sentence for Yoon could have significant implications in a country long haunted by memories of military coups, dictatorship and repression prior to democratisation in 1987.
“The special counsel’s request is symbolically rich, even though Yoon is highly unlikely to be executed,” said Dr Mason Richey, professor of international studies at Hankuk University of Foreign Studies. “The message is that the judicial system and government take abuse of martial law – and the potential for its tyrannical misuse – with utmost seriousness.”
Another expert echoed this view, emphasising the importance of sending a strong message that any threat to democracy is intolerable.
“Given the gravity of the situation, it seems appropriate to request the maximum sentence, even though the likelihood of execution is virtually zero,” said Dr Benjamin Engel, assistant professor of Korean studies at Dankook University. “The request and any subsequent sentence would signal that Yoon’s self-coup attempt is completely unacceptable in a democratic South Korea.”
Others, however, questioned whether the death penalty is appropriate, regardless of the seriousness of Yoon’s alleged actions.
“(Yoon) must be held fully accountable for his abuse of power and insurrection,” said an executive of the European Chamber of Commerce in Korea, speaking to The Korea Herald on condition of anonymity. “However, the special counsel’s call for the death penalty feels disproportionate to the crime.”
The executive added that a lesser sentence such as life imprisonment, the minimum punishment for insurrection, would be more in line with modern South Korean values.
US communications professional Spencer Waters, based in Busan, warned that pursuing the harshest penalty could worsen social division, especially amid claims the judiciary is under political pressure.
“Allegations of insurrection must be investigated thoroughly and independently, free from political influence,” Waters said. “But seeking the harshest punishment risks deepening polarisation and turning the legal process into a symbolic or retaliatory act.”
A human rights group advocating for the abolition of capital punishment also argued against the death penalty, regardless of how serious the crime.
“No one is above the law, including a former president, but seeking the death penalty is a step backward,” said Amnesty International’s death penalty adviser Chiara Sangiorgio in a statement on Jan 13.
“Yoon’s imposition of martial law in December 2024 endangered fundamental human rights, prompting prosecutors to seek his execution. While accountability is vital, the death penalty undermines the very principles of human rights and dignity that the rule of law is meant to protect.”
Ramifications in South Korean politics
The special counsel’s request and the court’s upcoming decision in February could reshape South Korea’s political landscape just five months ahead of local elections.
It could also deal a potential blow to the conservative People Power Party ahead of the June elections, as Yoon’s sentencing could split the party.
“A death sentence may be Yoon’s final disgrace, but it could also turn him into a martyr among hardline conservatives,” said Dr Engel. He noted that since the party has not completely severed ties with Yoon, internal strife between moderates and extremists is likely to persist. “If the extremists prevail, the PPP may struggle in June’s elections.”
Dr Richey said Yoon’s sentencing would likely have a limited impact on overall voter sentiment. However, he noted that a conviction could slightly suppress conservative turnout if it causes confusion or division within the party’s messaging. - The Korea Herald/ANN
