▲ A prosecutor’s flag flies on the flagpole in front of the Office of the Supreme Prosecutor in Seocho-gu, Seoul. (happy news)
Prosecutors have changed the disposition to ‘not guilty’ of 86 people who had previously been sentenced to ‘deferred prosecution’ in connection with the May 18 Democracy Movement in the last two years.
The prosecution said on the 14th, “We are making various efforts to restore the honor of those convicted on the 18th of May, such as paying compensation.”
In fact, in May last year, the Supreme Prosecutor’s Office ordered prosecutors’ offices throughout the country to actively promote the process of restoring the honor of those who are subject to convictions and suspending prosecution in connection with the May 18 Democracy Movement.
Suspension of indictment means that the prosecution recognizes the suspicion of a crime, but the prosecutor does not file a prosecution, taking into account the circumstances in which the criminal is located and the seriousness of the crime.
Not guilty is one of the non-prosecution dispositions and refers to cases where the fact that someone is suspected falls under the requirements for the formation of a crime, but does not amount to a crime because then a reason which prevents the formation of an offense under the law. . An example of innocence is self-defense.
An official from the Supreme Prosecutor’s Office said, “A request for a second trial is possible in accordance with the ‘May 18 Special Law’ for convictions relating to the May 18 Democracy Movement, but given the fact that there is no separate procedure for reinstatement honor for a disposition of suspension of indictment, the ex officio prosecution is to change,” he said.
He added, “This is based on the precedent of the Supreme Court that the actions related to the May 18 Democracy Movement do not constitute crimes as they are legal actions to protect the existence of the constitution and the constitutional order.”
Since the prosecution first changed the disposition of withholding of indictment to ‘not guilty’ in February 2021, so far, 16 prosecutors’ offices across the country, including the Seoul Central District Prosecutor’s Office, have changed the disposition of a total of 86 people to restore their position. honor
In May 1980, a 91-year-old man named Yoo, who had been indicted for demonstrating at a protest shouting “Release martial law”, was reinstated to his honor, changing the disposition of the Gwangju District Prosecutor’s Office for the time being. first for 44 years in December last year
In addition, Mr Lee, who was indicted for violating the decree by attaching a placard saying, ‘Let’s punish Chun Doo-hwan who massacred the citizens of Gwangju and abolished martial law’, was also ‘not guilty’ by the Uijeongbu District Prosecutor’s Office . in February last year.
Meanwhile, the prosecution continues to press for a second trial ex officio for the person who was sentenced to death in a case related to the May 18 Democracy Movement.
An official from the Supreme Prosecutor’s Office said, “From December 2017 to July 2021, 31 prosecutors’ offices across the country conducted ex officio review procedures for a total of 182 people who participated in the Democracy Movement on May 18.”
