Incheon Bucheon Democratic Workers' Association Activity, 'National Security Law Violation' Acquitted After Over 30 Years

Supreme Court Upholds Acquittal in Retrial
"Insufficient Evidence for Pro-North Korean Organization"
Not Guilty of Violating the Labor Dispute Adjustment Act

Those who were sentenced to prison over 30 years ago for their involvement in the labor movement organization Incheon-Bucheon Democratic Workers' Association have been acquitted after a retrial.

Yonhap News

According to the legal community on the 5th, the Supreme Court's 3rd Division (Presiding Justice Lee Suk-yeon) finalized the acquittal of Mr. A and Mr. B, who were prosecuted at the time for violating the National Security Act and the Labor Dispute Adjustment Act, in a retrial on the 13th of last month.

The acquitted individuals were arrested and prosecuted on charges of possessing and distributing pro-North Korean materials after joining the Incheon-Bucheon Democratic Workers' Association, which was classified as a pro-North Korean organization in 1988. Mr. A was also charged with interfering in the company's strike action during a long-term strike sit-in protest.

The court found them guilty of these charges in 1989, sentencing Mr. A and Mr. B to 1 year and 6 months in prison with a suspended sentence, and a suspension of qualifications for 1 year and 1 month each. The appellate court also upheld the guilty verdict but reduced the sentence to 1 year in prison with a 2-year suspended sentence and a 1-year suspension of qualifications.

Eighteen years after the appellate trial, in 2018, they filed for a retrial on the grounds that the Incheon-Bucheon Democratic Workers' Association was not a pro-North Korean organization. The Seoul High Court acquitted them in June of last year. The high court ruled that "based solely on the evidence submitted by the prosecution, there is insufficient proof that the organization qualifies as a pro-North Korean group under the National Security Act, which prohibits acts such as praising, encouraging, propagandizing, or sympathizing with anti-state organizations."

During the retrial process, the prosecution also submitted a statement acknowledging that the Incheon-Bucheon Democratic Workers' Association could be seen as an organization protecting workers' rights and that in other retrial rulings for different members, the pro-North Korean nature was not recognized, making it difficult to acknowledge the organization's pro-North Korean status.

The court judged that the documents the prosecution claimed were pro-North Korean materials were "illegally obtained evidence and thus inadmissible." It was found that the documents were seized during an illegal arrest when security bureau investigators forcibly detained them. Furthermore, it was difficult to conclude that the related parties possessed the documents or recognized them as pro-North Korean materials.

Meanwhile, the court also acquitted Mr. A of violating the Labor Dispute Adjustment Act. Although the prosecution appealed, the Supreme Court dismissed the appeal, stating there was no error in the original acquittal ruling.

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