A Seoul court on Friday sentenced former President Yoon Suk Yeol to 30 years in prison on charges of ordering drone infiltrations into North Korea in an attempt to heighten cross-border tensions and create a basis for his martial law declaration in December 2024.The Seoul Central District Court’s Criminal Division 36 stated that the Pyongyang drone operation “is recognized as an operation aimed at creating a situation for declaring emergency martial law” and “cannot be considered a legitimate military operation.”Special counsel Cho Eun-suk’s team had demanded a 30-year prison term for Yoon on charges that included benefiting the enemy, accusing him of ordering the flights in October 2024 to provoke Pyongyang and use it as a pretext for his Dec. 3 declaration of martial law.
Court’s ruling
The court noted that in March 2023, Yoon mentioned emergency powers in a meeting with former defense minister Kim Yong-hyun and others. Former minister Kim also discussed emergency powers in a meeting with a former commander, indicating a perceived 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 proceeded despite objections from the Joint Chiefs of Staff.Citing expressions in a former commander’s notes, such as “We must seize the created opportunity” and “Targeting reputation damage,” the court concluded that “content suggesting the creation of emergency martial law was confirmed.”The court found that military interests were compromised by the operation. “General treason does not require actual harm; the mere occurrence of risk is sufficient,” the court stated, adding that “human and material damage occurred, and the operation provoked North Korean aggression.”The court also pointed out that military secrets were exposed to North Korea, making similar operations difficult in the future.Regarding the general treason charge, the court viewed Yoon as a co-principal offender, stating that “Yoon Suk-yeol appears to have conspired in the operation to create emergency martial law conditions.”The abuse of authority charge was also recognized as guilty. The court stated that Yoon and Kim held military command authority but “ordered unlawful operations rather than legitimate ones.”“This contradicts the mission of the military as defined by the South Korean Constitution, and soldiers have no obligation to obey such orders,” the court added.Former defense minister Kim Yong-hyun and former commander Yeo In-hyung were also found guilty. Former commander Kim Yong-dae of the Drone Command was excluded from the general treason charge but faced charges of abuse of authority for ignoring mandatory procedures and ordering the drone infiltration.
