Prosecution to Seek Acquittals and Dismissals in Historical Retrial Cases... Pursuing Substantive Justice

Acquittals or Dismissals Sought in 59% of Retrials Initiated Over Past Three Years
"Proactively Voicing Support for Granting Retrials"
Broad Collection of Evidence for Verification

The prosecution is significantly improving its approach to retrial cases involving "historical incidents" in which guilty verdicts were handed down during authoritarian regimes due to human rights violations or failure to comply with due process. Moving away from a strict focus on legal stability, authorities intend to proactively initiate retrials and seek acquittals or dismissals in pursuit of substantive justice.

Kim Taehoon, Deputy Chief Prosecutor, briefing on the retrial method related to past human rights violation cases. Photo by Yonhap News

On April 27, the Seoul Central District Prosecutors' Office stated, "The existing practice did not sufficiently reflect the value of the retrial system in realizing substantive justice," and added, "Going forward, we will collect materials from an objective standpoint, taking into account the characteristics and fairness of each case, and will actively express our opinion in favor of granting retrials."

According to the prosecution, the number of retrial requests related to past public security cases surged from 23 in 2023 to 137 last year. In response, the prosecution issued an opinion that a retrial was warranted in 91 out of 218 related retrial cases filed over the past three years. Of the 107 cases in which retrials were actually initiated, the prosecution sought acquittal or dismissal in 63 cases (58.8%).

The key aspect of this institutional reform is the "reduction of the burden of proof" for those requesting retrials. In the past, if investigation records had been destroyed or if the petitioner could not submit evidence of unlawful detention, the prosecution often recommended dismissing the retrial request. However, going forward, the prosecution plans to directly and comprehensively collect materials such as records from the Truth and Reconciliation Commission, documents held by the National Archives, and historical data, thoroughly verifying the possibility of unlawful detention and other relevant facts.

In fact, in cases with insufficient records—such as the case of the late General Kim, who was convicted of counter-revolutionary crimes for opposing the May 16 military coup in 1961—the prosecution directly cross-verified historical materials and presented an opinion supporting the initiation of a retrial.

For retrials involving violations of the Assembly and Demonstration Act (so-called "Jipsibeop") in the 1980s, the prosecution will broadly interpret connections to the 5·18 Democratization Movement as grounds for special retrials, actively expressing this view and seeking acquittals or dismissals at the earliest possible hearing to ensure swift relief. To improve work efficiency, a dedicated retrial investigator has also been assigned to the Public Investigation Division 1 of the Seoul Central District Prosecutors' Office.

The prosecution stated, "As a representative of the public interest and an objective law enforcement agency, we will continue our efforts to ensure that the retrial system is properly administered, maintaining legal stability while striving to realize justice in individual cases and restore public trust."

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