South Korean court acquits brothers convicted under US military decree 78 years ago

The Hankyoreh reports on a significant legal victory for victims of post-colonial injustices in South Korea. The recent acquittal of brothers Baek Nak-yong and Baek Nak-jeong, who were convicted in 1948 under a US military proclamation, marks a crucial step in rectifying past wrongs.

Proclamation No. 2, issued by the US military government shortly after Japan's unconditional surrender, was a broad and vaguely worded decree that criminalized a wide range of activities. The Baek brothers were convicted for attending a rally organized by a left-leaning group, a charge that highlights the arbitrary nature of the proclamation and the political climate of the time.

“

The proclamation was excessively broad and vague, making it difficult for ordinary citizens to predict what actions were prohibited, and the penalties were also unclear, violating the principle of legality.

The court's decision to declare the proclamation unconstitutional is a landmark ruling. It recognized that the decree violated the principle of legality, meaning its terms were too vague for ordinary citizens to understand what was prohibited, and the penalties were excessively broad. This judgment not only exonerates the Baek brothers but also sets a precedent for numerous other individuals who were similarly convicted under this decree.

This case is particularly poignant because the convictions led to the brothers' automatic enrollment in the 'National Guidance Alliance,' a pro-government organization, and their subsequent arrest or disappearance during the Korean War. The revelation that one brother may have been executed and the other sentenced to death by a military tribunal, often with little to no due process, underscores the deep-seated historical trauma that South Korea continues to grapple with. The Hankyoreh emphasizes that this ruling is a necessary correction, ensuring that such 'judicial massacres' are not forgotten and that justice, however delayed, is served.

“

The record of violating Proclamation No. 2 became a death list for my father and uncle after the outbreak of the Korean War, and even led to them being chillingly recorded as 'vicious collaborators' and 'active Labor Party members, executed' in the Truth and Reconciliation Commission's decision.