▲ (From left) Chung Eui-yong and Suh Hoon
Former National Security Office Chief Chung Eui-yong and former National Intelligence Service Director Suh Hoon, who received suspended sentences in the first trial for the forced repatriation of North Korean fishermen, have been sentenced to prison terms with suspended execution in their appellate trial.
The 15-3 Criminal Division of the Seoul High Court (High Court Judges Sung Eon-joo, Won Ik-sun, and Lee Hee-jun) sentenced both former Chief Chung and former Director Suh to one year and six months in prison with three years of probation, respectively, on charges including abuse of power under the National Intelligence Service Act.
Former Unification Minister Kim Yeon-chul, who was indicted along with them, was sentenced to one year in prison with two years of probation.
However, former Presidential Chief of Staff Noh Young-min was acquitted, with the court stating 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 them.
Maintaining the stance of the first trial, the court recognized the North Korean residents' status as Republic of Korea citizens and ruled that the forced repatriation infringed upon the basic rights of the North Korean fishermen.
The court pointed out, "Despite the opinions of related officials that careful review was necessary as there was no legal basis, they decided on the repatriation just two days after the capture and executed it in only five days."
It added, "They even made North Korean residents who settled in South Korea tremble with the fear of forced repatriation."
Chung and the others face charges of ordering the forced return of two North Korean fishermen to North Korea in November 2019 despite their expressed intent to defect, even though the fishermen were identified as suspects in the murder of 16 fellow crew members.
They were also charged with preventing the fishermen from exercising their right to stand trial in accordance with domestic laws and procedures.
Previously, the first trial handed down a suspended sentence of 10 months in prison each to former Chief Chung and former Director Suh.
Suspended sentences of six months in prison were given to former Chief Staff Noh and former Minister Kim, respectively.
A suspended sentence is a ruling that acknowledges guilt in minor criminal cases while deferring the imposition of the sentence.
While deeming their actions unlawful, the first trial deferred the prison sentences in consideration of the heinous nature of the crimes committed by the North Korean fishermen and the institutional vacuum caused by the division between North and South Korea.
(Photo: Yonhap News)