A Seoul court on Friday sentenced former President Yoon Suk Yeol to 30 years in prison for ordering a drone incursion into North Korea in an effort to escalate cross-border tensions and lay the groundwork for his martial law declaration in December 2024.The Criminal Division 36 of the Seoul Central District Court said the Pyongyang drone operation “is recognized as an operation aimed at creating conditions for declaring emergency martial law” and “cannot be considered a legitimate military operation.”Special counsel Cho Eun-suk’s team had sought a 30-year prison sentence for Yoon on charges of providing benefits to the enemy, accusing him of provoking Pyongyang and using it as a pretext for his December 2024 plan to order the flights. 3 Declaration of martial law.
court decision
The court said Yoon had mentioned emergency powers in a March 2023 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 the perceived need to create such a situation.The court further said that Kim ordered the operation even during a period when North Korea was not carrying out 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 opportunity created” and “targeting reputational damage,” the court concluded that “the material 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 the risk is sufficient,” the court said, adding, “Human and material damage occurred, and the operation provoked North Korean aggression.”The court also noted that military secrets were exposed to North Korea, making similar operations difficult in the future.Regarding the charge of general treason, the court viewed Yoon as the co-principal culprit, and stated that “It appears that Yoon Suk-yeol conspired in the operation to create a state of emergency martial law.”Also found guilty of charge of abuse of authority. The court said Yun and Kim had the authority to command the military but “ordered illegal operations rather than lawful operations.”The court said, “This is contrary to the mission of the military as defined by the South Korean Constitution and soldiers have no obligation to obey such orders.”Former Defense Minister Kim Yong-hyun and former commander Yeo In-hyung were also found guilty. Former Drone Command commander Kim Yong-dae was acquitted of general treason charges, but faces charges of abuse of authority for ignoring mandatory procedures and ordering the drone intrusion.