SEOUL: After the Seoul Central District Court on Thursday (Feb 19) sentenced former president Yoon Suk Yeol to life imprisonment for leading an insurrection, Yoon’s lawyers made it clear that his skepticism over an appeal does not mean he will forgo the process.
"(Yoon) merely expressed his current thoughts and did not show an intention to decline an appeal,” his lawyers promptly told reporters. Appeals are widely expected from both Yoon and the special counsel, which had sought the death penalty for the former leader’s martial law decree in December 2024.
Thursday’s ruling prompted negative reactions from both the liberal and conservative factions, with the former criticising the decision as too lenient while the latter stressed that the decision has not been finalised by the Supreme Court.
Jang Dong-hyeok, leader of the main opposition People Power Party -- the ruling party during Yoon’s administration -- said Friday (Feb 20) that “this is just the first-instance ruling” and that “the presumption of innocence should be applied,” raising concerns among the party’s moderate members that the party is failing to distance itself from Yoon ahead of the June local elections.
Yoon himself expressed skepticism about the criminal proceedings.
“I am skeptical about the effectiveness of a legal fight through an appeal when the independence of the judicial branch cannot be guaranteed and when it is difficult to expect a judgment based on law and conscience,” Yoon said in a statement issued a day after the hearing.
On the day of the ruling, Jung Chung-rae, leader of the Democratic Party of Korea, also criticised the sentence.
“Life imprisonment is the lowest sentence that can be given to the leader of an insurrection,” Jung said. “This is a ruling that is very contradictory to the legal sentiment of the people.”
With public opinion still divided, the Supreme Court’s final ruling on Yoon’s insurrection charge is expected by September at the latest.
Appeal?
The special counsel prosecuting Yoon’s insurrection case said it would decide Monday whether to file an appeal.
Under Korean law, defendants and prosecutors must either file an appeal or waive that right within seven days of an initial ruling.
While Yoon’s comments fuelled speculation about him possibly forfeiting an appeal, such a waiver is not possible due to the severity of his sentence.
According to Article 349 of the Criminal Procedure Act, “a criminal defendant cannot waive an appeal when sentenced to the death penalty or indefinite-term imprisonment, with or without labour.”
Yoon is therefore left with two options: file an appeal or remain silent. Failure to express intent within seven days automatically finalises the ruling.
In Korea, prosecutors typically waive their right to appeal if the defendant does so first. Legal experts say this might have been Yoon’s main strategy given that he received the lowest possible sentence for an insurrection conviction. However, the law makes such a waiver impossible.
Moreover, Article 341 stipulates that a defendant’s family members or legal counsel may file an appeal on the defendant’s behalf, provided the defendant has not waived that right. As a result, even if Yoon remains silent, his attorneys are highly likely to appeal.
Yoon’s lawyers said Friday they would decide after receiving the full written verdict.
Final verdict before September
With both the special counsel and Yoon’s legal team signalling appeals, the trial timeline is becoming clearer.
Under Korean law, second and third-instance rulings in special counsel cases must be completed within three months of the previous ruling.
This means Yoon’s appellate ruling is expected before June, while the Supreme Court’s final decision must come before September at the latest.
Yoon’s appeal will be heard by one of the two newly established trial divisions dedicated to insurrection cases at the Seoul High Court, which launch Monday.
The divisions will handle insurrection-related appeals, including those of former Prime Minister Han Duck-soo and former Interior Minister Lee Sang-min, who were sentenced to 23 years and seven years in prison, respectively.
Key defendants in the insurrection trials have promptly filed for appeals after their respective rulings at the district court level. Former Defence Minister Kim Yong-hyun filed an appeal Thursday shortly after being sentenced to 30 years in prison for aiding Yoon’s insurrection.
Former National Police Agency Commissioner General Cho Ji-ho and former Korea Defense Intelligence Command chief Noh Sang-won also filed appeals Friday after receiving prison terms of 12 years and 18 years, respectively.
Separately, Yoon has appealed his five-year prison sentence handed down on Jan 16 for obstructing arrest.
He still faces six additional first-instance trials related to his 2024 martial law declaration, including charges of lying under oath and aiding the enemy. - The Korea Herald/ANN
