Korean-Japanese Spy Case With Indictment Suspended 43 Years Ago, Prosecutors Clear All Charges

Prosecution Reopens 1983 Case by Its Own Authority

"First Case of Relief for Victims of Suspension of Indictment or Suspension of Prosecution"

The prosecution has reopened the case of a victim in the so-called 'Korean-Japanese Student Spy Ring' incident, who had previously received a suspension of indictment on charges of violating the National Security Act in the 1980s, and has now cleared the individual of all charges through its own authority. This marks the first time that a prosecutor has independently reopened a historical case and issued a not-guilty disposition for a victim who had previously received a suspension of indictment or a suspension of prosecution.

Seoul Central District Prosecutors' Office, Seocho-gu, Seoul. Photo by Jin-Hyung Kang

On May 28, the Seoul Central District Prosecutors' Office announced, "We have independently reopened the case of Mr. Kim, who received a suspension of indictment in November 1983 on charges of violating the National Security Act, and have issued a not-guilty disposition."

Mr. Kim, the author of the book 'Boansa', submitted a petition to the prosecution requesting the cancellation of the suspension of indictment. After reviewing the intent of the petition and historical case records, the prosecution deemed it appropriate to clear Mr. Kim of all charges.

The prosecution focused on the fact that Mr. Kim was taken into custody and investigated by the Defense Security Command (Boansa) in July 1983. At that time, the Defense Security Command did not have investigative authority over civilians, yet proceeded with the investigation against Mr. Kim, and the prosecution judged that Mr. Kim was unlawfully detained during this process. Additionally, it was taken into consideration that Mr. Seo, who was prosecuted as an accomplice of Mr. Kim, was acquitted in August 2017 after a retrial.

After being taken into custody by the Defense Security Command in July 1983, Mr. Kim was investigated on charges of violating the National Security Act. The accusations included that, during his studies in Japan, he met with Mr. Seo, a Korean-Japanese spy, received ideological education, and maintained contact; that in March 1976, he allegedly received instructions from Mr. Seo, returned to Korea, collected state secrets, and received funds for espionage activities. In November of the same year, he was given a suspension of indictment by the Seoul District Prosecutors' Office.

Suspension of indictment is a system under Article 20 of the National Security Act that allows a prosecutor to suspend prosecution in consideration of motives for the offense and circumstances following the crime. Like suspension of prosecution, it is regarded as a disposition based on a presumption of guilt.

The prosecution explained that, while those who were prosecuted and found guilty in historical cases may file for retrial under the Criminal Procedure Act, there is no separate legal remedy available for those who were given a suspension of indictment or suspension of prosecution. This was cited as the background for the latest disposition.

The prosecution stated, "This is the first case in which a prosecutor, recognizing that those who received a suspension of indictment have no separate legal recourse, has independently reopened a case and issued a not-guilty disposition," and added, "Going forward, we will continue to faithfully fulfill our responsibility to uphold due process and protect human rights as representatives of the public interest and objective law enforcement authorities in cases concerning historical human rights violations."

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