Prosecutors to Actively Pursue Retrials, Acquittals for Fairness

The Hankyoreh reports a significant shift in prosecutorial policy regarding retrial requests, a move that promises to inject a much-needed dose of substantive justice into a system often criticized for its rigidity. For too long, the emphasis on 'legal stability' has overshadowed the pursuit of truth and fairness for individuals wrongly convicted or unfairly treated by the law.

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The prosecution has focused on securing 'legal stability' in retrial cases requested by claimants, but this has resulted in the other value of the retrial system, 'realizing substantive justice,' not being fully reflected.

This new approach, articulated by the Seoul Central District Prosecutors' Office, acknowledges that the previous focus may have failed to adequately serve the 'substantive justice' aspect of the retrial system. By actively advocating for retrials, acquittals, and dismissals, prosecutors are signaling a commitment to rectifying past wrongs and ensuring that the legal process is not just about maintaining order but about achieving genuine fairness.

The statistics presented are compelling: a significant increase in retrial requests, particularly for cases involving past political offenses and violations of assembly and demonstration laws, coupled with a higher rate of favorable opinions from prosecutors. The specific mention of General Kim Woong-su's case, where historical records were used to support a retrial for charges related to the 1960 military coup, exemplifies this new direction. Similarly, the proactive stance on cases related to the 1980s, aligning with the spirit of the May 18 Democratization Movement Act, demonstrates a willingness to re-evaluate past judgments in light of evolving societal understanding and historical context.

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Therefore, the Seoul Central District Prosecutors' Office is actively considering the specifics of individual cases and the fairness that citizens can feel, while maintaining legal stability, and is actively presenting opinions for retrial initiation, acquittal, and dismissal.

This policy change is particularly relevant in South Korea, where historical injustices and politically motivated prosecutions have left a lasting impact. The increased volume of retrial requests, especially for cases from the 1980s and 1990s concerning 'procedural irregularities,' highlights the ongoing need to address past human rights violations. The establishment of dedicated investigative teams and new classification systems within the Seoul Central District Prosecutors' Office underscores the seriousness with which this initiative is being undertaken. As the Hankyoreh frames it, this is not just a procedural adjustment but a fundamental step towards fulfilling the prosecutors' role as representatives of the public interest and objective enforcers of the law, ensuring due process and the protection of human rights.

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In the future, the prosecution will faithfully fulfill its duty as a representative of the public interest and an objective law enforcement agency to ensure due process and the protection of human rights in retrial cases.