[Jeon Du-hwan Death] Criminal Trial of Former President Jeon Du-hwan Dismissed, Civil Trial Succeeded by Bereaved Family

Controversy Expected Over Burial at National Cemetery

On November 30 last year, former President Jeon Du-hwan was leaving his residence in Yeonhui-dong, Seodaemun-gu, Seoul to attend the first trial sentencing hearing for defamation of the deceased held at the Gwangju District Court. Former President Jeon was charged with defamation for criticizing Father Jo Bio, who testified to witnessing helicopter gunfire during the May 18 incident, as "a shameless liar unworthy of being called a priest" in his autobiography. Photo by Kim Hyun-min kimhyun81@

[Asia Economy reporters Choi Seok-jin, legal affairs specialist, and Kim Dae-hyun] With the passing of former President Jeon Du-hwan on the 23rd, attention is also focused on the fate of the trials he was undergoing.

Former President Jeon was indicted for defaming the late Father Cho Bi-o in his memoirs related to testimony about the martial law troops' helicopter shooting during the May 18 Democratic Movement. He was sentenced to 8 months in prison with a 2-year suspended sentence in the first trial and appealed, currently undergoing the second trial at the Gwangju District Court.

In criminal trials, if the defendant dies, according to Article 328, Paragraph 1, Subparagraph 2 of the Criminal Procedure Act, the court must issue a decision to dismiss the indictment.

A court official stated, “Since the first trial was not finalized and the appeal trial was ongoing, if the appellate court issues a dismissal of the indictment and it becomes final, the first trial’s verdict will naturally lose its effect, leaving only the dismissal decision.”

For the same reason, former President Jeon was partially defeated in the first trial of a lawsuit filed by Father Cho’s bereaved family and May 18 organizations, including the May 18 Memorial Foundation, seeking prohibition of publication and distribution and claiming damages. He appealed and was undergoing trial.

A court official explained, “When the defendant dies, the heirs of the deceased must succeed the litigation procedures. The heirs must apply for succession to continue the lawsuit, or if they do not, the plaintiff must apply to take over the lawsuit. Until this procedure is completed, the litigation process is suspended.”

However, even if the bereaved succeed the defendant’s status, they usually make a limited acceptance of inheritance, meaning they will repay debts only within the scope of the inherited liable assets. Therefore, if the final verdict is a loss, the responsibility will fall on former President Jeon’s estate.

Regarding the public auction of former President Jeon’s Yeonhui-dong residence, multiple lawsuits are ongoing. However, since the main building and garden are registered under his wife Lee Soon-ja and his former secretary, and the annex is registered under his daughter-in-law’s name, his death is not expected to affect the trials.

The prosecution stated that out of the confirmed supplementary fines of 220.5 billion KRW, about 124.9 billion KRW (57%) had been collected as of that day. The prosecution collected 123.5 billion KRW by last year and an additional 1.4 billion KRW this year.

A prosecution official said, “We are currently reviewing the relevant legal principles regarding the possibility of enforcing the unpaid supplementary fines in the future.”

Meanwhile, former President Jeon had not received the privileges accorded to former presidents under Article 7, Paragraph 2 of the Act on the Treatment of Former Presidents, which states that “if a sentence of imprisonment or higher is confirmed, the privileges as a former president under this law shall not be granted.”

It is uncertain whether former President Jeon will be buried at the National Cemetery. By law, former and incumbent presidents are generally eligible for burial at the National Cemetery, but under the current “Act on the Establishment and Operation of National Cemeteries,” burial at the National Cemetery is prohibited if a prison sentence has been confirmed, even if pardoned.

However, since the burial of former presidents at the National Cemetery has so far been decided by the “State Funeral Committee” under the “State Funeral Act,” controversy is expected to continue.

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