[Politics That Day] Why Did the Judge Sentence Jeon Du-hwan to Death?

August 26, 1996, Seoul Central District Court First Instance Verdict
Death Sentence for Military Rebellion and Treason Charges
"As the Leader of Treason, Destroying Military Internal Order"

Editor's Note‘Politics, That Day...’ is a series planning corner that looks back on Korean politics through the ‘recollection of memories’ related to notable scenes, events, and figures.

"As the ringleader of a rebellion, he neglected his duties and mobilized military forces to destroy internal military order..."

On August 26, 1996, the Seoul Central District Court Criminal Division 30 (Presiding Judge Kim Young-il) announced the sentencing reasons related to a historic case.

Jeon Du-hwan, who served as the President of the Republic of Korea, was brought to justice on charges of military rebellion, insurrection, and bribery. The first trial court sentenced Jeon, the key figure in the December 12 and May 18 incidents, to death.

This was the moment when the absolute power holder who continued iron-fisted rule in the 1980s was condemned in court. A death sentence for a former president was an extraordinary event in itself.

The first trial court defined the December 12 and May 18 incidents as rebellion under the Military Penal Code and insurrection under the Criminal Code. It ruled that these were not actions taken out of patriotic resolve but military coups. The Gwangju massacre was defined as murder for the purpose of insurrection. The first trial court's judgment set a precedent that even a successful coup could be punished.

The presiding judge at the time shared his feelings about that day, which was called the trial of the century.

"It was an incredibly difficult case to imagine. Although many viewed this case politically, once it came to the court for judicial processing, only legal considerations mattered. I am confident that the trial was conducted transparently."

The court that sentenced a former president to death could not have been free of burden. The judge's explanation may seem like a formal response, but it contains much meaning.

The decision of that day is recorded in history and will inevitably be evaluated repeatedly. It was a trial of the century where judgments could not be swayed by public opinion or influenced by power.

After being assigned the case, Judge Kim Young-il reportedly cut off meetings with close friends and refrained from attending family events, carefully managing his personal movements. This was to avoid unnecessary misunderstandings from a single word or action.

On August 26, 1996, when the death sentence was handed down, Jeon's wife, Lee Soon-ja, was at Baekdamsa Temple in Inje-gun, Gangwon Province. Visiting Baekdamsa with her sons, she expressed her feelings by offering prayers that day.

Former President Jeon Du-hwan and his wife Lee Soon-ja are leaving their home in Yeonhui-dong, Seodaemun-gu, Seoul, to attend the first trial sentencing hearing for defamation of the deceased held at the Gwangju District Court on November 30, 2020. Photo by Kim Hyun-min kimhyun81@

Jeon's side responded that they had anticipated the death sentence.

Jeon's lawyer, Lee Yang-woo, told the media, "The historical context at that time and the current situation are clearly different, and trying to evaluate past events by today's standards is itself a mistake."

The first trial's death sentence was reduced to life imprisonment through appeals and the Supreme Court. Although the final sentence was lessened, the fact that the first trial court sentenced a former president who seized power through a coup to death remains unchanged.

This is why August 26, 1996, is historically remembered.

Jeon was the highest authority in South Korea from December 1979, when he seized power through a military rebellion, until February 1988, when he handed over the presidency to the newly elected President Roh Tae-woo.

However, power cannot last forever. The world has changed.

During Jeon's government, the ruling party Minjungdang changed its name to Minjadang and then to Shinhankukdang. In 1996, during the Kim Young-sam administration, when former Minjungdang members were still part of the ruling party, the verdict of Jeon's death sentence is a noteworthy point.

The Kim Young-sam administration's efforts to correct history culminated in the verdict on August 26, 1996.

At the time, Reuters reported the trial of the century as breaking news, focusing on Korea's transformation.

The report noted that other Asian countries striving to shake off the ghosts of past military rule were closely watching this trial.