"Jeon Du-hwan Resignation" Jeonnam National University Student Council Executive, 'Not Guilty' After 42 Years

[Asia Economy Honam Reporting Headquarters Reporter Park Jin-hyung] A man in his 60s, a former executive of the Chonnam National University Student Council who was convicted for participating in student protests against the martial law imposed by the new military regime, was acquitted after 42 years.

The 1st Criminal Division of the Gwangju High Court (Presiding Judge Lee Seung-chul) announced on the 24th that it acquitted Mr. A (66) in a retrial on charges of rebellion and violation of the Martial Law Act.

Mr. A was prosecuted for participating in anti-government protests with the intent to threaten the constitutional order while serving multiple times as the head of the Public Relations Department of the Chonnam National University Student Council from April 25 to May 16, 1980.

Mr. A was sentenced to three years in prison by the Military Martial Law Ordinary Military Court and appealed; in December 1980, the Army Martial Law High Military Court confirmed a three-year prison sentence with a five-year suspended sentence.

At the time, Mr. A attended protests where he read statements and engaged in stone-throwing campaigns demanding the lifting of the government's emergency martial law and the resignation of former President Jeon Du-hwan (then Security Commander).

Mr. A filed for a retrial in January this year, and the court decided to initiate the retrial, stating that it fell under the grounds for retrial as defined by the "Special Act on the May 18 Democratic Movement, etc."

The court explained, "Considering the timing, motive, purpose, target, means used, and results of the defendant's actions, they were acts that opposed or prevented the destruction of the constitutional order that occurred around December 12, 1979, and May 18, 1980."

Therefore, the court judged, "It is reasonable to view these actions as justifiable under criminal law to protect the existence of the constitution and the constitutional order," and concluded, "The original judgment of guilt cannot be maintained."

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