Kang Eul-seong, who was executed during the Park Chung-hee regime over the "Reconstruction Committee of the Unification Revolutionary Party (Tonghyeokdang) case," was acquitted in a retrial.
The 11th Criminal Division of the Seoul Eastern District Court (presiding judge Kang Min-ho) on the 19th acquitted Kang in a retrial ruling on the case of violating the National Security Act.
The court said, "The evidence submitted by the prosecutor is insufficient to acknowledge the charges. There is no other evidence to recognize them either." It found that Kang's suspect interrogation records and other materials were unlawful evidence prepared while he was illegally detained.
Immediately after the ruling, the court said, "We feel heavy-hearted. Although we say we have corrected past wrongs, irreparable harm occurred, and we feel powerless that it came far too late."
It continued, "We handed down this ruling in a spirit of reflection, feeling that we failed to fulfill the judicial role the public expected," adding, "As part of the judicial institutions that committed errors, we once again bow our heads and apologize to the bereaved family."
The bereaved family seated in the gallery wiped away tears, and immediately after the acquittal stood, bowed toward the bench, and expressed thanks.
In October last year, prosecutors at the sentencing hearing sought an acquittal, saying, "At trial, the procedural truth that must respect the defendant's dignity and value was not upheld."
Kang, who worked as a civilian employee for the military, was arrested by the Army Security Command in 1974 on charges of attempting to rebuild Tonghyeokdang under orders from North Korea. After torture, he was sentenced to death, and the sentence was carried out in 1976.
Earlier, multiple acquittals were finalized in retrials over the Tonghyeokdang Reconstruction Committee case. Park Gi-rae, who had been sentenced to death and was paroled in 1991, was acquitted by the Supreme Court in May 2023. Also, Jin Doo-hyeon, who was labeled the head of a spy ring and served 16 years in prison, and Park Seok-ju, who had received a finalized 10-year sentence, were both acquitted by the Supreme Court in May last year.
Regarding Kim Tae-yeol, who received a finalized death sentence in 1976 and was executed in 1982, the Seoul High Court acquitted him in a retrial in August last year.