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A man who served prison time and later passed away after being accused of echoing North Korean propaganda in the 1970s has been acquitted in a posthumous retrial 50 years later.
Born in 1938, a man surnamed A was indicted in 1975 at the age of 37 for violating the Anti-Communist Act. He was sentenced by a court to five years in prison and five years of suspension of qualifications, with his sentence finalized by the Supreme Court the following year.
Around midnight on August 5, 1975, A was accused of sympathizing with the propaganda activities of North Korea, labeled as an anti-state organization, while speaking to seven residents at a small grocery store in Bucheon, Gyeonggi Province. His alleged remarks included, "We and all our citizens can only live well if President Park Chung-hee is killed," "All of South Korea's high-ranking generals must be killed," "I dug tunnels for three years," and "Everyone can live well only if Kim Il-sung wins."
Police immediately arrested and detained A.
At the time, A was detained for six days without an arrest warrant, and the police interrogation protocol was found to have been written while he was under illegal detention.
The prosecution's investigation was wrapped up just three days after the warrant was issued.
In 2024, after A's death, his child filed for a retrial.
The Incheon District Court's Criminal Division 18 announced yesterday (August 8) that it overturned the original verdict and acquitted the deceased A in the retrial.
The court pointed out, "A was unable to receive assistance from legal counsel and could not even properly write his own name. The psychological pressure resulting from illegal detention appears to have extended to his courtroom statements, making it impossible to recognize the voluntariness of his confession."
It added, "Neither the statements made to investigative agencies nor those in court have admissibility as evidence, and there is no lawful evidence to support the charges," explaining the reason for the acquittal.
A man who served prison time and later passed away after being accused of echoing North Korean propaganda in the 1970s has been acquitted in a posthumous retrial 50 years later.
Born in 1938, a man surnamed A was indicted in 1975 at the age of 37 for violating the Anti-Communist Act. He was sentenced by a court to five years in prison and five years of suspension of qualifications, with his sentence finalized by the Supreme Court the following year.
Around midnight on August 5, 1975, A was accused of sympathizing with the propaganda activities of North Korea, labeled as an anti-state organization, while speaking to seven residents at a small grocery store in Bucheon, Gyeonggi Province. His alleged remarks included, "We and all our citizens can only live well if President Park Chung-hee is killed," "All of South Korea's high-ranking generals must be killed," "I dug tunnels for three years," and "Everyone can live well only if Kim Il-sung wins."
Police immediately arrested and detained A.
At the time, A was detained for six days without an arrest warrant, and the police interrogation protocol was found to have been written while he was under illegal detention.
The prosecution's investigation was wrapped up just three days after the warrant was issued.
In 2024, after A's death, his child filed for a retrial.
The Incheon District Court's Criminal Division 18 announced yesterday (August 8) that it overturned the original verdict and acquitted the deceased A in the retrial.
The court pointed out, "A was unable to receive assistance from legal counsel and could not even properly write his own name. The psychological pressure resulting from illegal detention appears to have extended to his courtroom statements, making it impossible to recognize the voluntariness of his confession."
It added, "Neither the statements made to investigative agencies nor those in court have admissibility as evidence, and there is no lawful evidence to support the charges," explaining the reason for the acquittal.
Reported by Kim Jiuk | Video by Na Hong-hee | Graphics by Lee Jung-joo | Produced by SBS Digital News