Rep. Lee Hyung-seok: "'5·18 Historical Distortion Punishment Act' Passed by National Assembly Judiciary Committee"
Up to 5 Years Imprisonment for Spreading False Information About the 5·18 Minju Movement
[Asia Economy Honam Reporting Headquarters Reporter Yoon Jamin] Rep. Lee Hyung-seok (Democratic Party of Korea·Gwangju Buk-gu Eul), who proposed the bill and which the Democratic Party of Korea promoted as party policy, announced on the 9th that the “Partial Amendment to the Special Act on the May 18 Democratic Movement, etc.” was approved at the plenary meeting of the National Assembly’s Legislation and Judiciary Committee.
If the “May 18 Historical Distortion Punishment Act” passes the plenary session of the National Assembly on the same day, criminal punishment will be possible for malicious distortion and denigration of the May 18 Gwangju Democratic Movement, which laid the cornerstone of Korean democracy.
This establishes a legal foundation to cut off the brutal atrocities of the new military regime in May 1980 and the history of malicious distortion that followed after 40 years.
The amendment passed by the Legislation and Judiciary Committee includes clarifying the definition of the May 18 Democratic Movement, codifying crimes against humanity, and punishing the dissemination of false information.
By specifying the May 18 Democratic Movement as “a democratization movement carried out by citizens against crimes destroying the constitutional order and crimes against humanity that occurred around December 12, 1979, and May 18, 1980,” it defines the historical and legal definition of the May 18 Democratic Movement.
Additionally, by adding “crimes against humanity” to the legal provisions so that the statute of limitations exclusion clause currently applied under international criminal law for crimes such as civilian massacres can be applied, it enables punishment for crimes against humanity such as sexual violence committed by field commanders or soldiers, which had been difficult to apply under charges of rebellion.
Those who disseminate false information about the May 18 Democratic Movement will be subject to imprisonment for up to five years or a fine of up to 50 million won, ensuring punishment related to the spread of false information.
Furthermore, Article 8, Paragraph 2 of the amendment states, “No punishment shall be imposed if it contributes to art, scholarship, research, academic theories, reporting on current affairs or historical progress, or other similar purposes,” thereby addressing conflicts with the constitutional “freedom of expression.”
Rep. Lee served as the special committee chairman for the 40th anniversary of the May 18 Democratic Movement within the Democratic Party and pledged the establishment of the “May 18 Historical Distortion Punishment Act” during the last general election. After entering the National Assembly, he also hosted a “Legislative Public Hearing on the May 18 Democratic Movement.”
Subsequently, the bill prepared by Rep. Lee was adopted as party policy and proposed, and he has been actively working toward its passage within the year. During this process, Rep. Lee repeatedly explained and emphasized the necessity of party adoption and the justification for the bill’s passage to party leaders including Representative Lee Nak-yeon, Floor Leader Kim Tae-nyeon, and members of the Legislation and Judiciary Committee.
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Rep. Lee said, “If the ‘May 18 Historical Distortion Punishment Act’ passes the plenary session of the National Assembly today, it will be possible to strictly punish the malicious denigration and distortion of the May 18 Democratic Movement that has continued for 40 years through judicial means,” adding, “The Special Act on the Truth Investigation of May 18, which is pending in the National Defense Committee, should also be promptly discussed and processed to ensure thorough truth investigation of ‘the atrocities of that day’ and to prevent further damage to the historical evaluation of May 18.”
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