South Korea has not carried out a death sentence in nearly three decades.

In closing arguments at the Seoul Central District Court late on Tuesday, a prosecutor said investigators confirmed the existence of a scheme allegedly directed by Yoon and his former defence minister, Kim Yong-hyun, dating back to October 2023 designed to keep Yoon in power.

“Yoon…claims to have committed emergency martial law to protect liberal democracy, but his unconstitutional and illegal emergency martial law undermined the function of the National Assembly and the Election Commission… actually destroying the liberal democratic constitutional order,” the prosecutor said in final arguments.

“The defendant has not sincerely regretted the crime… or apologised properly to the people.”

Yoon shook his head and appeared to chuckle when he heard the sentencing request, while some of his supporters in court also laughed or even muttered expletives, prompting the judge to call for order.

Yoon denies the charges

While the botched bid to impose martial law lasted only about six hours, it sent shockwaves through South Korea, which is Asia’s fourth-largest economy, a key US security ally and was long considered one of Asia’s most resilient democracies.

Yoon, 65, has denied the charges. He was quoted by the Yonhap news agency as saying in court that he declared martial law to fend off the “wickedness that would ruin the nation”.

He has argued it was within his powers as president to declare martial law and that the action was aimed at sounding the alarm over opposition parties’ obstruction of government.

The court will rule on the case on February 19.

The sentence prosecutors seek is not always upheld in South Korean courts.

In a previous court case in 1995-1996, when former South Korean Presidents Chun Doo-hwan and Roh Tae-woo were accused of insurrection, prosecutors sought the death penalty and life in prison for Chun and Roh, respectively.

A lower court handed down a death penalty for Chun and a 22-1/2-year jail term for Roh, before an appeals court revised the sentencing to life in prison for Chun and a 17-year jail term for Roh. Both received a presidential pardon after spending about two years in jail.

South Korea last handed down a death sentence in 2016, but has not executed anyone since 1997.

The office of President Lee Jae Myung, who was elected after Yoon was ousted last year, said in a statement it “believes the judiciary will rule… in accordance with the law, principles, and public standards.”