▲ (From left) Chung Eui-yong and Suh Hoon
Three former security officials from the Moon Jae-in administration, including former National Security Office Chief Chung Eui-yong, who were indicted for the forced repatriation of North Korean fishermen, have received heavier sentences of suspended prison terms in their appellate trial.
The 15th Criminal Division of the Seoul High Court (Presiding Judges Sung Eon-joo, Won Ik-sun, and Lee Hee Jun) sentenced former Chief Chung and former National Intelligence Service (NIS) Director Suh Hoon to one year and six months in prison with a three-year suspension of execution today (October 21) on charges including abuse of power under the National Intelligence Service Act.
Former Unification Minister Kim Yeon-chul, who was tried alongside them, received a one-year prison sentence with a two-year suspension.
Meanwhile, former Presidential Chief of Staff Noh Young-min was acquitted on the grounds that it was difficult to view him as having conspired in the abuse of power or as having been involved in the decision to repatriate the fishermen.
Maintaining the same stance as the first instance trial, the court ruled that North Korean residents are recognized as having the status of citizens of the Republic of Korea, and that their basic rights were infringed upon by the forced repatriation.
The court stated, "Given that the North Korean region also belongs to the Korean Peninsula, which is part of the territory of the Republic of Korea, and considering the interpretation that there is no problem for North Korean residents to acquire and maintain the nationality of the Republic of Korea based on related legal principles, these North Korean residents must be regarded as nationals of the Republic of Korea, just as in the original judgment."
The court also noted, "Even if the decision and execution of the repatriation were aimed at protecting the lives and physical safety of Republic of Korea citizens, it is difficult to see them as satisfying the legal requirements for the exercise of authority, and neither the necessity nor the proportionality of the official execution can be recognized."
It further judged, "Considering that despite reports from the Office of the Secretary for Legal Affairs and the Ministry of Foreign Affairs suggesting the need for cautious review, the repatriation was decided upon in two days and execution was completed in three days, it is appropriate to view that there was, at least with eventual intent, an intent to abuse official authority."
Regarding the three defendants, the court pointed out, "Despite the opinions of related public officials, they decided on the repatriation just two days after the capture and executed it in a mere five days, which was an act of forsaking the duty of protection toward North Korean residents who are citizens of the Republic of Korea."
It added, "They even caused North Korean residents who settled in the Republic of Korea to tremble with the fear of forced repatriation, and the defendants are evading responsibility, which we considered as unfavorable factors."
Immediately following the appellate ruling, former Chief Chung, former Director Suh, and former Minister Kim released a joint statement expressing their intent to appeal to the Supreme Court.
They stated, "This is an unfair judgment that fails to fully consider the reality of the incident and the special circumstances at the time, and we cannot accept it," adding, "We will immediately appeal to the Supreme Court to uncover the truth and prove our legal legitimacy."
They continued, "Ignoring the problems of the coercive investigation and indictment that began amid political controversy, [the court] imposed heavier criminal responsibility on the policy decisions of the previous administration," and asserted, "We believe that the Supreme Court will reveal the truth of the case and the legitimacy of the government's policy decisions at the time based solely on law and evidence."
Former Chief Chung and the other officials were indicted on charges including ordering the forced repatriation of two North Korean fishermen to North Korea in November 2019 despite their expression of intent to defect, even though the fishermen were identified as having killed 16 fellow crew members.
Charges were also applied for preventing the fishermen from exercising their right to receive a trial in accordance with domestic laws and procedures.
Previously, the first instance court sentenced former Chief Chung and former Director Suh to suspended sentences of 10 months in prison each, and former Chief of Staff Noh and former Minister Kim to suspended sentences of 6 months in prison each.
A sentence suspension is a ruling that acknowledges guilt in minor criminal cases while deferring the imposition of punishment.
While viewing their actions as unlawful, the first instance court suspended the prison sentences by taking into consideration the extreme brutality of the crimes committed by the North Korean fishermen and the institutional vacuum caused by the division of the Koreas.
(Photo: Yonhap News)
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