Prosecutors Initiate Ex Officio Retrial for Jeju 4·3 Incident Victims... Expanded to General Trial Prisoners

'Reexamination Requests Underway for 2,530 Military Tribunal Prisoners... 250 Acquitted
Reexamination Request Rate for General Trial Prisoners at About 4% Compared to Victim Determinations'

Prime Minister Han Duck-soo (second from the left) visited the Jeju 4·3 Peace Park in Bonggae-dong, Jeju City, on the afternoon of the 20th of last month, and is seen leaving after attending the Jeju 4·3 Incident Victims' Memorial Service.
[Image source=Yonhap News]

[Asia Economy Reporter Heo Kyung-jun] The prosecution has decided to expand the scope of ex officio retrial requests for the 'Jeju 4·3 Incident' beyond those convicted by military courts to include prisoners convicted by ordinary courts as well. The number of prisoners convicted by ordinary courts is estimated to be around 1,500.

On the 10th, the Supreme Prosecutors' Office announced that following the ex officio retrial requests for military court prisoners, it will sequentially file ex officio retrial requests for prisoners convicted by ordinary courts who are not currently subject to retrial recommendations under the special law.

Since launching the joint task force for ex officio retrial recommendations for the Jeju 4·3 Incident in November last year, the prosecution has filed ex officio retrial requests for 340 military court prisoners from the 4·3 Incident, and so far, 250 have been acquitted in line with the prosecution's charges. In addition to ex officio retrials, retrials requested by the parties have resulted in acquittals (406 cases) or dismissal of indictments (18 cases) for a total of 424 people (368 military court cases, 56 ordinary court cases) to date.

The Special Act on the Investigation of the Jeju 4·3 Incident and the Restoration of Honor of Victims was amended in February last year, establishing a special retrial system for victims of the 4·3 Incident in June of the same year. The Jeju 4·3 Incident Investigation and Victims' Honor Restoration Committee recommended ex officio retrial requests for 2,530 military court prisoners under the special law, and the joint task force has filed ex officio retrial requests for a total of 340 prisoners starting with 20 in February, with 250 acquittals so far.

So far, the joint task force has filed retrial requests for military court prisoners first, following the recommendations of the 4·3 Committee, and currently files ex officio retrial requests for an average of 60 people per month.

The prosecution explained that for ordinary court prisoners, only 40 retrial requests were filed before the joint task force began its work, and 25 after, resulting in a request rate of only about 4% compared to the number of victims recognized. Therefore, although the current 4·3 Special Act only stipulates ex officio retrials for military court prisoners, the prosecution judged that expanding ex officio retrial requests to ordinary court prisoners, who have no difference in the need for restoration of honor and rights relief, is consistent with justice and equity.

Ex officio retrial requests for ordinary court prisoners will be handled by the Jeju District Prosecutors' Office and the joint task force, and they plan to actively reflect the know-how and experience accumulated while handling ex officio retrials for military court prisoners.

The prosecution noted that until now, ordinary court prisoners and their families had to make considerable efforts and bear litigation costs to obtain verdict documents mainly stored at the National Archives or to decipher old verdicts when filing retrials themselves, but they expect these difficulties to be resolved as the prosecution will now conduct retrial lawsuits.

Ordinary court victims or their families who wish to request an ex officio retrial from the prosecution can visit the prosecution office and submit a petition requesting the ex officio retrial. Submitting documents such as the 4·3 Committee's victim recognition certificate, related review materials, and verdict documents together can help facilitate the procedure.