Supreme Court: "Cannot Review Charges Not Claimed for Retrial by Petitioner"

[Asia Economy Reporter Seongpil Cho] The court has ruled that in a retrial, the court cannot re-examine charges that the petitioner did not claim.

The Supreme Court's 2nd Division (Presiding Justice Min Yusuk) announced on the 25th that it overturned and remanded the part of the original trial's verdict that acquitted Mr. A of violating the Anti-Communism Act in the retrial appeal of Mr. A, who was punished for violating the Anti-Communism Act and other charges. The court stated, "The retrial court cannot re-examine the part of the Anti-Communism Act violation that the petitioner did not claim in the retrial." It further explained, "The original trial's verdict, which re-examined the Anti-Communism Act violation part and acquitted it, contains an illegal error in misunderstanding the scope of retrial judgment."

Previously, Mr. A was prosecuted for violating Presidential Emergency Measure No. 9 and the Anti-Communism Act by mentioning to a woman he was dating from November 1975 to January of the following year that "Communist theory is good." All charges against Mr. A were recognized as guilty, and a one-year prison sentence was confirmed. However, in 2013, the Constitutional Court ruled Emergency Measure No. 9 unconstitutional, making it subject to retrial. The retrial court examined not only Mr. A's violation of Emergency Measure No. 9 but also the Anti-Communism Act charges and judged all to be not guilty.

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