Prosecutors Acquit 3 Individuals of 'Mincheonghakryeon Emergency Measures' Violations...Cleared of Charges After 48 Years

[Asia Economy Reporter Kim Hyung-min] Those who were involved in the 1970s National Democratic Youth Student Federation (Mincheonghakryeon) incident and received a suspended indictment for violating the presidential emergency decrees have been exonerated after 48 years.

The Public Investigation Division 1 of the Seoul Central District Prosecutors' Office (Chief Prosecutor Choi Chang-min) announced on the 30th that, following the Supreme Prosecutors' Office's 'Measures for Restoring the Honor of Persons Related to the May 18 Democratic Movement,' it has issued a final 'no charges' decision for three individuals, A (73), B (70), and C (68), who had received suspended indictments in 1974 for violating Emergency Decrees Nos. 1 and 4.

They were arrested and detained by the Emergency Ordinary Military Court on charges of aiding a wanted person involved in the 1974 Mincheonghakryeon incident to evade arrest, engaging in group recruitment activities, and distributing leaflets, thereby violating Emergency Decree No. 1, which prohibits acts that deny, oppose, or distort the constitution, and Emergency Decree No. 4, which prohibits any acts of joining or supporting Mincheonghakryeon. They were released after receiving suspended indictments between June and July 1974. A suspended indictment means that although the charges are acknowledged, the prosecutor decides not to bring the suspect to trial considering mitigating circumstances.

In December 2012, the Supreme Court ruled that Emergency Decree No. 1 was unconstitutional and invalid, and in 2013, both the Supreme Court and the Constitutional Court declared the emergency decrees unconstitutional. Those who had been convicted for violating the emergency decrees were able to restore their honor through retrials. However, individuals like Mr. A, who had received suspended indictments, had no retrial procedures and thus no way to restore their honor.

Accordingly, Mr. A and others requested the Ministry of National Defense Prosecutor's Office to reopen the investigation in 2021. The prosecution took over the case from the Ministry of National Defense Prosecutor's Office and issued a final 'no charges' decision for Mr. A and others on this day. A total of 54 people who had received suspended indictments for violating Emergency Decrees Nos. 1 and 4 have now been finally cleared by the prosecution.

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