Appellate Court Upholds TRC Decision to Disqualify Korean War Victim, Family Vows Appeal

An appellate court has reversed a lower court's ruling, upholding the Truth and Reconciliation Commission's (TRC) decision to disqualify a Korean War victim's family from seeking truth and reconciliation. The case centers on Baek Nak-jeong, who was executed in 1950 and initially recognized by the TRC as a victim of the 'Nam-bu Area People's Guidance League and Preemptive Arrest Incident' in South Chungcheong Province.

However, the TRC later revoked Baek's victim status after a 1951 military court-martial ruling sentencing him to death was discovered. The family contested this, arguing that the original trial was fundamentally flawed and conducted under the Defense Security Act, which they claim was used to summarily execute thousands of civilians.

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The court's decision is completely different from the first instance ruling, and it's absurd. We cannot accept the court's judgment that discusses the grounds for retrial while applying the Defense Security Act, which had procedural flaws and led to the deaths of thousands of civilians.

The Seoul High Court's 7th Administrative Division ruled that the 1951 military court-martial sentence qualified as a "final judgment" under the former Act on the Establishment of the Truth and Reconciliation Commission. The court found insufficient grounds for a retrial under the Criminal Procedure Act, thus deeming the TRC's decision to dismiss the application as lawful. This contrasts sharply with the first instance court, which had found the TRC's decision unlawful due to the incomplete nature of the military ruling.

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The appellate court focused solely on whether the final judgment constituted grounds for a retrial. The state is still inflicting harm on victims of state violence, from the TRC's appeal to the appellate court's reversal of the first instance ruling.

The appellate court's decision has drawn criticism from the victim's family and human rights advocates. Baek Nam-sik, Baek Nak-jeong's nephew, expressed dismay, stating, "The court's decision is completely different from the first instance ruling, and it's absurd." He vowed to appeal to the Supreme Court, arguing that the appellate court ignored the procedural defects of trials conducted under the Defense Security Act, which he believes were used to kill thousands of civilians.

This ruling is seen as a setback for historical justice efforts in South Korea. The Defense Security Act, under which many civilians were tried and executed during the war, has been widely criticized for its summary procedures and lack of due process. The TRC itself, in a 2009 report, characterized such military court-martial rulings as mere "formalities for mass executions." The family's decision to appeal underscores their determination to seek justice for wartime atrocities and challenge a legal system they believe continues to perpetuate historical injustices.

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There were quite a few illegal judgments during and after the Korean War. We estimate there were tens of thousands, and we expect the issue of those sentenced to death under the Defense Security Act to be highlighted.