A Seoul court on Friday sentenced former President Yoon Suk-yeol to 30 years in prison for ordering drones to infiltrate North Korea in an attempt to escalate cross-border tensions and create a basis for declaring martial law in December 2024.The 36th Criminal Division of the Seoul Central District Court said that the Pyongyang drone operation “was recognized as an operation aimed at creating a situation for declaring martial law” and “cannot be considered a legitimate military operation.”Special counsel Cho Eun-suk’s team had called for Yoon to be imprisoned for 30 years on charges that included benefiting the enemy, accusing him of ordering flights in October 2024 to provoke Pyongyang and using them as a pretext for his attack in December 2024.
3 Declaration of martial law.
Court ruling
The court noted that in March 2023, Yoon mentioned emergency powers in a meeting with former Defense Minister Kim Young-hyun and others. Former Minister Kim also discussed emergency powers in a meeting with a former commander, indicating the urgent need to create such a situation.The court further stated that Kim ordered the operation even during periods when North Korea was not launching balloon provocations, and initiated the operation despite the objections of the Joint Chiefs of Staff.
Citing phrases in a former commander’s memoirs, such as “we must seize the opportunity that has arisen” and “targeting damage to reputation,” the court concluded that “the content indicating the imposition of emergency martial law has been confirmed.”The court found that military interests were endangered by the operation. The court stated that “public treason does not require actual harm; the mere occurrence of the danger is sufficient,” adding that “human and material damage occurred, and the operation provoked North Korean aggression.”The court also noted that military secrets were revealed to North Korea, making similar operations difficult in the future.Regarding the public treason charge, the court viewed Yoon as a co-primary offender, stating that “Yeon Suk-yeol appears to have conspired in the operation to create emergency conditions for martial law.”A charge of abuse of power was also pleaded guilty. The court stated that Yoon and Kim had military command authority but “ordered illegal operations instead of lawful operations.”“This contradicts the mission of the military as defined by the South Korean Constitution, and soldiers are not obligated to obey such orders,” the court added.Former Defense Minister Kim Young-hyun and former commander Yoo In-hyung were also convicted. Former commander Kim Yong-dae of piloting the drones was disqualified for public treason but faced charges of abuse of power for ignoring mandatory procedures and ordering the drone infiltration.
