Sentencing of Perjuring ANSP Investigator to Prison in First Trial... Court Imprisonment After 34 Years

Seoul Central District Court / Photo by Mun Ho-nam munonam@

[Asia Economy Reporter Seongpil Cho] A former National Security Planning Agency (NSPA) investigator who perjured himself by denying torture during the retrial of the late labor activist Shim Jin-gu, who was accused of being a spy in connection with the National Liberation Workers' Party case, was sentenced to prison in the first trial. This comes 34 years after the incident.

On the 24th, Judge Min-seon Byun of the Seoul Central District Court Criminal Division 10 sentenced the former NSPA investigator Gu (77) to 1 year and 6 months in prison on charges of perjury.

The court acknowledged guilt, stating, "It has been proven beyond reasonable doubt that Shim was subjected to harsh treatment by Gu and other NSPA investigators during the investigation."

It added, "Illegal detention, torture, or harsh treatment by investigators against citizens is a serious crime that destroys the basic order of democracy and is a crime against humanity, and should be severely punished. However, Shim's harsh treatment cannot be punished as the statute of limitations has expired."

Furthermore, the court criticized, "Shim has already passed away, so there is no opportunity to receive Gu's repentance or apology. Gu has neither apologized to Shim and his family nor reflected on his crimes for 34 years. Instead, he tried to evade legal judgment and claimed Shim's testimony was false, showing no sign of remorse."

Gu was prosecuted for perjury after appearing as a witness in court in April 2012 during Shim's retrial, where Shim had been charged with violating the National Security Law and received a suspended sentence. Gu testified that "there was no torture," which was deemed perjury.

The retrial court rejected Gu's testimony and recognized the illegal detention and harsh treatment by NSPA investigators during the investigation, ultimately acquitting Shim.

Previously, Shim, who was involved in labor activism, was revealed to have lived with Kim Young-hwan, a leading figure of the pro-Juche faction, for four months. In December 1986, Shim was taken to the NSPA Namsan branch without a warrant and interrogated for 37 days. The NSPA subjected Shim to harsh treatment, including physical assault and sleep deprivation, to extract a confession.

The NSPA's harsh treatment was revealed when Shim confessed through a monthly magazine in 1999. Afterward, Shim requested a retrial through the Past Affairs Truth Commission and was acquitted in 2013.

Shim passed away from pancreatic cancer in 2014, after the acquittal was finalized. Shim's daughter filed a perjury lawsuit against Gu in March 2019, just before the statute of limitations for perjury expired.

This content was produced with the assistance of AI translation services.