Yoon Seok-yeol has been sentenced to life imprisonment for his role in the December 3 coup, but the court's reasoning raises concerns over the implications of judicial review.
Yoon Seok-yeol, identified as the main perpetrator of the December 3 coup, has been sentenced to life imprisonment by the Seoul Central District Court. The court found that Yoon's decision to deploy military forces in response to the declaration of a state of emergency constituted a coup attempt, resulting in a significant judicial response, 444 days after citizens intervened to stop the coup in December 2024. Alongside Yoon, co- defendants including former Defense Minister Kim Yong-hyun received sentences ranging from 30 years to acquittal based on their involvement.
The ruling highlighted contentious arguments, particularly regarding the court's assertion that the president's proclamation of a state of emergency is an inherent authority that cannot be subject to judicial review. Judge Ji Gwi-yeon argued that the conditions for declaring such a state—defined by wartime or national emergencies—are difficult to assess and implied a need for deference to presidential judgment. This reasoning contradicts previous Supreme Court rulings, which affirmed that emergency measures taken for unlawful purposes should be subject to judicial scrutiny.
Critics pointed out that the court's position undermines accountability and could set a dangerous precedent for future governance. Previous rulings, including in the cases against Chun Doo-hwan and Roh Tae-woo, explicitly stated that actions taken under the guise of emergency powers are not exempt from judicial review, which raises questions about the integrity of the judicial system and its commitment to uphold constitutional rights against executive overreach.
