'Prosecution Deferred' Changed to 'Not Guilty' Disposition
Gwangju District Prosecutors' Office Adds 26 'Not Guilty' Dispositions Today
183 Filed Ex Officio Retrial Requests, 182 Acquitted
The prosecution announced on the 13th that it has restored the honor of 115 individuals who received suspended prosecution dispositions related to the May 18 Democratic Movement over a two-year period starting from May 2022, by issuing 'no charges due to innocence' dispositions.
On this day, the Supreme Prosecutors' Office stated that for the 115 individuals who had received suspended prosecution dispositions from the martial law forces on charges including violation of the Martial Law Act, it confirmed at prosecution offices nationwide that their actions related to the May 18 Democratic Movement were just acts resisting the destruction of the constitutional order, and corrected the record with 'no charges due to innocence' dispositions. Additionally, it announced that since 2017, it has filed ex officio retrials for a total of 183 people, including six who had already been convicted as of May 2022.
Earlier, on May 25, 2022, the Supreme Prosecutors' Office instructed prosecution offices nationwide to change dispositions or file ex officio retrials for cases involving suspended prosecution or convictions related to the May 18 Democratic Movement, and has been actively pursuing necessary measures to restore honor.
In particular, the Gwangju District Prosecutors' Office issued 'no charges due to innocence' dispositions for 26 suspended prosecution cases on this day, and in cooperation with military prosecutors, has issued 'no charges due to innocence' dispositions for a total of 95 individuals who had received suspended prosecution dispositions, the Supreme Prosecutors' Office reported.
Suspended prosecution is a disposition where the suspect is not brought to trial despite the recognition of charges, as the prosecutor considers various circumstances. It is a type of non-prosecution disposition that exempts the suspect from criminal punishment; however, since the investigative agency judges that the crime is established, civil liability may be incurred, and investigation records are preserved for 5 to 10 years.
Therefore, the Constitutional Court has accepted constitutional complaints from petitioners who argue that prosecutors' suspended prosecution dispositions should be changed to 'no charges due to innocence' non-prosecution dispositions.
The Supreme Prosecutors' Office explained, citing Supreme Court precedents, that "'no charges due to innocence' disposition does not simply mean a lack of evidence or no charges, but signifies that the acts opposing and resisting the constitutional order destruction crimes by the new military regime were just acts to protect the constitutional order."
The Supreme Prosecutors' Office has also ordered ex officio retrials three times in 2017, 2021, and 2022 for those who had already been definitively convicted.
So far, the prosecution has filed retrials for a total of 183 people, of whom 182 have been acquitted. One person's retrial is still ongoing.
A representative from the Supreme Prosecutors' Office said, "The prosecution will continue to do its utmost to restore the honor of citizens who were unjustly punished in past cases, including the May 18 Democratic Movement."
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