'Violation of Martial Law Act' Lee So-sun's Posthumous Retrial Acquittal... "Justifiable Act under the Constitution"

At the funeral of Jeon Tae-il, who self-immolated to protest for compliance with the Labor Standards Act and to expose the miserable labor conditions, his mother, Mrs. Lee So-seon, is seen clutching his portrait and crying out in anguish. Photo by Jeon Tae-il Foundation website

[Asia Economy Reporter Song Seung-yoon] The late Lee So-seon (1929?2011), mother of the labor activist Jeon Tae-il who was sentenced to prison for violating the Martial Law Act in 1980, was acquitted in a retrial after 41 years.

On the 21st, Judge Hong Soon-wook of the Criminal Division 5 at the Seoul Northern District Court acquitted Lee in the retrial for the charge of violating the Martial Law Act. This ruling came 41 years after she was sentenced to one year in prison by a military court in December 1980.

On May 4, 1980, Lee participated in a protest denouncing the political situation held at the Korea University library in Seongbuk-gu, Seoul, where she testified about the formation of the Cheonggye Clothing Workers' Union and the miserable living conditions of workers at Pyeonghwa Market. Five days later, on May 9, she was charged with shouting slogans such as "Guarantee the Three Labor Rights" and "Reinstate the Dismissed Workers of Dongil Textile" at the Federation of Korean Trade Unions Hall in Yeongdeungpo-gu.

The martial law authorities arrested Lee on the grounds that the gatherings were illegal assemblies held without prior permission. Subsequently, in December of the same year, the Martial Law Ordinary Military Court of the Capital Defense Command sentenced her to one year in prison. However, the sentence was not enforced at the discretion of the commanding officer.

This retrial was initiated after the prosecution filed an ex officio retrial request in April for five democratization activists, including Lee, who had been punished for violating the Martial Law Act. The prosecution, citing Supreme Court precedents, argued that a series of acts committed by the new military regime around the December 12, 1979 military coup and the May 18, 1980 Gwangju Democratization Movement constituted crimes of constitutional order destruction and sought acquittal.

The court also stated, "Considering the defendant’s participation in protests denouncing the political situation and labor gatherings, including the content, purpose, and motive of the demonstrations, these actions were part of the democratization movement and constitutionally legitimate acts carried out by citizens opposing the crimes of constitutional destruction that occurred around December 12, 1979 to May 18, 1980, and therefore do not constitute a crime," and acquitted her.

Jeon Tae-sam (71), Lee’s second son and younger brother of Jeon Tae-il, expressed to the press after the verdict, "It is regrettable that the verdict was concluded in just over a minute without any mention of why the martial law forces issued a nationwide warrant for my mother, detained her, and subjected her to a military trial. It breaks my heart."

The Jeon Tae-il Foundation issued a statement after the verdict saying, "Although the state’s judgment came late, we welcome it," and emphasized, "The acquittal should not be limited to Mother Lee So-seon alone. We hope the judicial authorities will apologize in the name of the state to all the Jeon Tae-ils and Lee So-seons of this land."

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