South Korea’s Yoon Suk Yeol faces trial in impeachment case

Constitutional Court and criminal trial to decide Yoon Suk Yeol’s fate.

South Korea's impeached President Yoon Suk Yeol (left) attends the tenth hearing of his impeachment trial over his brief imposition of martial law at the Constitutional Court in Seoul, South Korea, on February 20, 2025. Photo by Song Kyung-Seok/AFP

By Clarisa Sendy and Widya Putri

South Korea’s ousted President Yoon Suk Yeol appeared in court on Wednesday, becoming the country’s first sitting head of state to stand trial on criminal charges. His legal battles include a constitutional review of his impeachment and a separate criminal case that could lead to a life sentence.

Yoon was impeached by parliament in December for imposing martial law and subsequently arrested in January on charges of insurrection. As the trials unfold, the Constitutional Court will determine whether his impeachment stands, while the criminal courts will decide his legal fate.

How do the two trials differ?

Yoon’s impeachment trial and criminal proceedings serve distinct purposes. The Constitutional Court is responsible for ruling on his removal from office, while the criminal courts will determine his legal culpability.

“The Constitutional Court makes the decision to remove President Yoon from office through impeachment proceedings,” lawyer Chu Eun-hye told AFP. “Whether the individual Yoon Suk Yeol is guilty or not is determined in a criminal trial.”

If the Constitutional Court upholds his impeachment, Yoon will become South Korea’s second president to be officially removed from office. The only previous case was in 2016, when President Park Geun-hye was impeached over corruption allegations.

Legal experts stress the importance of distinguishing political accountability from criminal liability. “The Constitutional Court’s procedure holds Yoon accountable for political responsibility,” said Yun Bok-nam, president of Lawyers for a Democratic Society. “His criminal liability remains separate and will be handled through prosecution.”

Historical precedent: The Park Geun-hye case

Park Geun-hye was impeached in December 2016 for corruption, including receiving or soliciting tens of millions of dollars from conglomerates such as Samsung. She was later convicted and sentenced to 20 years in prison.

While Park’s impeachment was politically motivated, Yoon’s case revolves around alleged constitutional violations. “Unlike President Park’s case, which involved multiple moving parts, Yoon’s charges focus solely on constitutional violations related to martial law,” Yun noted.

How long will the trials take?

Impeachment trials in South Korea typically move faster than criminal proceedings. Experts predict that the Constitutional Court’s decision on Yoon’s impeachment will be delivered by mid-March.

“Considering the practice of issuing rulings just over ten days after setting a date, a decision is expected by March 11,” Democratic Party lawmaker Park Kyun-taek said in a radio interview this week. “If the judges recognize the urgency of the matter, a ruling as early as March 6 could also be possible.”

The impeachment ruling timeline aligns with past cases. Former President Roh Moo-hyun, who was reinstated after being impeached by parliament, received a decision within 14 days. In Park Geun-hye’s case, the verdict was issued just 11 days after the final hearing.

Criminal trials, however, take significantly longer. Park’s legal proceedings lasted over four years, from impeachment in 2016 to a final Supreme Court ruling in January 2021. Experts suggest Yoon’s criminal trial could stretch beyond six months, with potential appeals extending the process further.

What happens if Yoon is found guilty?

Legal analysts widely agree that Yoon is unlikely to be reinstated. Many expect the Constitutional Court to issue a unanimous decision upholding his removal.

“Many legal scholars and experts agree that a unanimous ruling in favor of impeachment would be made by the Constitutional Court judges,” said Kim Hyun-jung, a researcher at the Korea University Institute of Law. “Legally speaking, the case is quite clear-cut.”

If the Constitutional Court does reinstate Yoon, it could create a constitutional crisis. “It would lead to an absurd situation,” Yun argued. “The president would continue facing a criminal trial for insurrection while still serving as the sitting head of state. That in itself would be highly inappropriate.”

Possible penalties for Yoon Suk Yeol

If found guilty of insurrection, Yoon could face a life sentence or even the death penalty. However, South Korea has maintained an unofficial moratorium on executions since 1997, making it unlikely that any capital punishment would be enforced.

Yoon’s trial marks a historic moment in South Korean politics, reinforcing the country’s commitment to holding leaders accountable. As the legal process unfolds, its outcome will shape the nation’s political landscape for years to come.