[Asia Economy Reporter Gong Byung-sun] The 2nd Truth and Reconciliation Commission on Past Affairs (Truth and Reconciliation Commission) has recognized Military Government Proclamation No. 2, which was applied before and after the establishment of the government, as a human rights violation and decided to investigate the truth of related cases.
On the 18th, the Truth and Reconciliation Commission announced that it made this decision at the 50th committee meeting held the previous day at Namsan Square Building in Jung-gu, Seoul.
The Truth and Reconciliation Commission conducted a truth investigation regarding the late Yang Mo, who was sentenced to three years in prison from January to December 1948 in the Goseong area of Gyeongnam for distributing leaflets and joining the Namrodang. Yang’s bereaved family claimed that he was subjected to illegal detention and harsh treatment, but the Truth and Reconciliation Commission stated that it could not find related evidence or witnesses.
However, the Truth and Reconciliation Commission judged that the prison sentence handed down by the court at the time was illegal because it was based on Military Government Proclamation No. 2. Military Government Proclamation No. 2 was a proclamation issued from September 1945 until the establishment of the Republic of Korea government on August 15, 1948. It contained provisions that those who violated proclamations, orders, or instructions issued under the authority of the Supreme Commander of the Pacific United States Army and those who disturbed public peace and order would be found guilty through the Occupation Forces Discipline Council and sentenced to death or other punishments. In 2021, the court ruled that the content of Proclamation No. 2 was broad and comprehensive, violating the principle of legality, and declared it unconstitutional and invalid.
The Truth and Reconciliation Commission explained, "Based on the general amnesty decree (Presidential Decree No. 6) enacted on September 27, 1948, those who violated Pacific United States Army Headquarters Proclamation No. 2 before the establishment of the Republic of Korea government should be pardoned, and if already prosecuted, a dismissal judgment should be made, but Yang served a prison sentence," adding, "Since the charges after August 15, 1948, were after the establishment of the Republic of Korea government, the proclamation cannot be applied."
Furthermore, it recommended, "The state should take restorative measures according to the Criminal Procedure Act regarding confirmed judgments where the application of the law was incorrect."
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