Prosecutor Seeks Acquittal for Brothers in Retrial Over US Military Ordinance Violation
Translated from Korean, summarized and contextualized by DistantNews.
TLDR
- A prosecutor has requested an acquittal for brothers Baek Nak-jeong and Baek Nak-yong in a retrial for violating a US military ordinance during the American occupation of Korea.
- The brothers were convicted in 1948 for violating Ordinance No. 2, a conviction that later served as a basis for their alleged massacre by South Korean forces during the Korean War.
- The retrial's outcome is anticipated to lead to an acquittal, potentially highlighting the need for a nationwide investigation into similar cases linked to the National Guidance League.
The Hankyoreh reports on a significant development in the retrial of Baek Nak-jeong and Baek Nak-yong, two brothers convicted under a US military ordinance during the post-WWII occupation of Korea. The prosecution's request for acquittal in this retrial is a crucial step towards rectifying past injustices.
The conviction ruling, indictment, and other records for the retrial case are all lost, making it impossible to specify the charges or provide evidence, so we request that the defendant be acquitted.
These convictions, stemming from alleged violations of Ordinance No. 2, were not merely legal proceedings; they tragically became a precursor to the brothers' deaths. During the Korean War, they were reportedly killed by state forces, a fate that many victims of the era faced, often after being associated with organizations like the National Guidance League. The Hankyoreh has consistently shed light on such historical wrongs, seeking truth and reconciliation for victims and their families.
Given the principle of legality, acquittal is natural.
The current legal battle highlights the systemic issues of the time, where convictions under vague ordinances like No. 2 could lead to devastating consequences. The fact that court records are missing underscores the arbitrary nature of these past judgments. The call for a nationwide investigation into Ordinance No. 2 violations, as echoed by the victims' families and legal representatives, is a necessary measure to uncover the full extent of this historical tragedy and provide closure.
Ordinance No. 2 violation became a stepping stone to becoming a target for massacre through automatic enrollment in the National Guidance League, and now the first stepping stone has been removed.
This case is particularly resonant in South Korea, where the legacy of the Korean War and the preceding occupation period continues to be a subject of historical reckoning. Unlike Western media, which might focus on the legal technicalities, South Korean outlets like The Hankyoreh emphasize the human cost and the broader societal implications of these historical events. The pursuit of justice through retrials like this one is not just about legal vindication but about confronting a painful past and ensuring such abuses of power do not recur.
There were quite a lot of illegal judgments around the period of the Korean War. It is said there were tens of thousands, and the issue of those sentenced to death under the National Defense Law is expected to be highlighted.
Originally published by Hankyoreh in Korean. Translated, summarized, and contextualized by our editorial team with added local perspective. Read our editorial standards.