"October 26 Incident" Kim Jae-gyu's Family Urges Retrial... "Hope for Restoration of Honor"

"The Seed of Democracy in the Republic of Korea...
Not Seeking to Become President, Wants to Restore Honor"

The family of former Central Intelligence Agency Director Kim Jae-gyu, who was executed for the October 26 Incident, has urged the commencement of a retrial.

Former Director of the Korean Central Intelligence Agency Kim Jae-gyu is conducting an on-site inspection of the assassination incident involving Chief of Security Cha Ji-chul and former President Park Chung-hee. [Image source=Yonhap News]

On the 17th, the Criminal Division 7 of the Seoul High Court (Presiding Judges Lee Jae-kwon, Song Mi-kyung, Kim Seul-gi) held a hearing to decide whether to initiate a retrial for Kim Jae-gyu’s charges of murder with the purpose of rebellion. This hearing was held about four years after Kim Jae-gyu’s family filed for a retrial in May 2020. Kim Jung-sook, Kim Jae-gyu’s younger sister who requested the retrial, stated, "New evidence has emerged showing that the trial was not conducted fairly due to illegal intervention by the then new military regime, and based on this, we decided to apply for a retrial." She added, "I hope the court’s wise judgment will lead to the prompt commencement of the retrial." She emphasized, "I hope this retrial will serve as an opportunity for all citizens to deeply reflect on how democracy was achieved in the Republic of Korea," and "Through the retrial, I hope to prove that Kim Jae-gyu became a seed of hope for democracy and that my brother’s honor will be restored."

Kim Jae-gyu’s defense attorney also argued, "Although the defendant’s actions are evaluated in various ways, it is necessary to legally assess the act of assassinating former President Park Chung-hee separately from historical evaluations and to assign an appropriate legal designation." The attorney pointed out that Kim Jae-gyu was not guaranteed the right to legal counsel or defense, with the first trial concluding in 17 days and the second trial in 7 days, and that the death sentence was carried out within just 6 to 7 months. Furthermore, the attorney explained, "The motive for assassinating former President Park was distorted. At the time, the Joint Investigation Headquarters led by Chun Doo-hwan announced that Kim Jae-gyu harbored a vain ambition to become president, but Kim Jae-gyu consistently maintained that he did not intend to become president." The attorney added, "The investigation was conducted illegally by the Joint Investigation Headquarters, which was established without legal basis, and there is evidence submitted in Kim’s own handwriting that he was taken to the Defense Security Command and subjected to various assaults and electric torture by investigators."

Kim Seong-shin, Kim Jae-gyu’s nephew, said, "From the family’s perspective, what we seek is history rather than the verdict," and added, "It would be what our uncle hopes for if this serves as an opportunity to understand how much sacrifice was made for Korea’s democracy." The court decided to hold another hearing on June 12 to examine witness testimony from attorney Ahn Dong-il, who defended Kim Jae-gyu at the time.

Kim Jae-gyu was arrested by the Defense Security Command on October 27, 1979, the day after he assassinated former President Park Chung-hee and then-Chief of Security Cha Ji-chul on October 26. This was the first assassination of a head of state in the history of the Republic of Korea’s constitutional government. He was indicted by a military court on November 26, just one month later, and was sentenced to death for murder with the purpose of rebellion and attempted rebellion within 16 days from the start of the trial on December 4 to the verdict on December 20 of the same year. The subsequent appeal trial concluded in six days, and the death sentence was carried out on May 24, 1980, three days after the Supreme Court ruling, the year following the October 26 Incident.