Legitimacy of Democratization Movement Reconfirmed on May 18... Court Acquits in Martial Law Violation Retrial

42 Years Later, Lee Chung-rae Restored Honor
Falsely Accused as Main Culprit in 'Gwangju Ilgo 13th Class Subversive Leaflet Production and Distribution Incident'
"I Would Do the Same If That Day Came Again"

On the 18th at 2 p.m., the Seoul Western District Court Criminal Division 8 (Presiding Judge Kim Woo-jung) acquitted Lee Chung-rae (73), who had previously received a suspended sentence for violating the Martial Law Act. Lee said, "If that day comes again, I will do the same." Photo by Oh Kyu-min moh011@

On the 42nd anniversary of the May 18 Democratic Uprising, a citizen who had received a suspended sentence for violating the Martial Law Act during the May 18 incident was acquitted.

At 2 p.m. on the 18th, Judge Kim Woo-jung of the Seoul Western District Court Criminal Division 8 (Chief Judge) acquitted Lee Chung-rae (73) in a retrial. Lee had previously received a suspended sentence for violating the Martial Law Act.

The court stated, "The defendant's actions were in resistance to the crimes against the constitutional order committed by Jeon Du-hwan and others around December 12, 1979, and May 18, 1980, as a citizen protecting the constitution," and explained the acquittal by saying, "The charges in this case fall under justifiable acts as defined in Article 20 of the Criminal Act, thus lacking illegality and not constituting a crime."

The court also ruled the martial law proclamation applied in the original judgment invalid. Judge Kim said, "Jeon Du-hwan and others, after seizing military command and national intelligence agencies through a military coup, expanded emergency martial law nationwide using violent and illegal means to seize power. The proclamation infringed on citizens' fundamental rights guaranteed under the former constitution, such as freedom of assembly and association, freedom of expression, and academic freedom, violating the former constitution and the former Martial Law Act."

Lee was identified as the main perpetrator in the "Gwangju Ilgo 13th Class Subversive Leaflet Production and Distribution Case" and was sentenced to a one-year prison term with suspension on October 28, 1980, by the Capital Corps Martial Law Ordinary Military Court for violating Article 15 of the former Martial Law Act and Paragraph 2 of Martial Law Proclamation No. 10.

Lee, a graduate of Seoul National University’s Department of History and working at a financial company, discussed with seniors and juniors from Gwangju Ilgo around 7 p.m. on May 27, 1980, about producing and distributing leaflets exposing the violent suppression of Gwangju citizens by martial law troops. They then distributed about 1,000 copies of foreign news reports and uncensored original copies of the Dong-A Ilbo newspaper covering the Gwangju situation throughout Seoul.

All 22 involved were arrested, illegally detained, and tortured. Lee recalled, "At the underground interrogation room of the Southern Police Station, my hands were tied with handcuffs and I was beaten with a baton," adding, "It was especially painful when they hit my knees or shins." Lee was subjected to torture and re-education in prison for about four months until his release in late November of the same year.

When asked about his feelings after the acquittal, Lee told our reporter, "I started this with the intention of leaving historical cases and records, having graduated from the Department of History," and added, "If that day comes again, I would do the same thing."

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