In a retrial, the late Mr. O Kyung-moo, who crossed into North Korea in the 1960s and was sentenced to death as a spy, has been acquitted. This comes 58 years after being indicted for violating the Anti-Communist Law in 1967, and 53 years after being executed in 1972.
On the 29th of last month, the Supreme Court's third division (presided by Justice Lee Suk-yeon) upheld the second trial's verdict of acquittal in the retrial of Mr. O, who was indicted for violations of the National Security Law and the Anti-Communist Law.
Mr. O, who lived in Jeju Island, and his younger brother, Mr. Kyung-dae, were deceived by their half-brother living in North Korea in 1966 and were abducted but later escaped. Upon returning to Korea, the two were reported as spies and were put on trial in 1967 for violations of the National Security Law.
Mr. O was sentenced to death, which was carried out in 1972. His younger brother, Mr. Kyung-dae, received a 15-year prison sentence. Their sister, Ms. O Jeong-sim, who was indicted for assisting Mr. O's espionage activities, was also sentenced to 3 years in prison, with a 5-year suspended sentence.
Mr. Kyung-dae first filed for a retrial and had his acquittal confirmed in 2020. Subsequently, Mr. Kyung-dae filed for retrials on behalf of Mr. O and his sister in 2022.
In the first trial of the retrial, an acquittal was granted to the two on October 2023. The trial court stated, "The statements containing confessions by Mr. O and others, presented by the police as evidence, have the potential to be deemed unlawfully collected evidence due to illegal arrest or torture, and therefore cannot be used as evidence of guilt," and added, "I express deep condolences for the harsh circumstances faced by the family due to actions driven by familial bonds during that era."
The prosecution appealed against this verdict, but the second trial of the retrial also acquitted, stating in August of last year, "There is insufficient evidence to indicate Mr. O had the intent to benefit North Korea."
The prosecution, dissatisfied with the second trial ruling, made a further appeal. However, the Supreme Court confirmed the acquittal, stating there were no issues with the second trial's judgment.