A Syrian national who praised the ideology of the terrorist organization 'Islamic State (IS)', designated by the United Nations (UN), through social media (SNS) and encouraged unspecified individuals to join IS was acquitted in the appellate court, but the Supreme Court overturned the verdict with a guilty ruling. This is the first case in South Korea where the Anti-Terrorism Act was applied.
On the 27th, the Supreme Court's First Division (Presiding Justice No Tae-ak) overturned the appellate court's acquittal of 39-year-old Syrian national A, who was charged with violating the Anti-Terrorism Act, and remanded the case to the Incheon District Court.
From October 2015 to June 2018, A posted writings and videos praising IS ideology on Facebook. In particular, A posted a link that allowed direct communication with unidentified IS members. The prosecution viewed this act as incitement to join IS and charged him with violating the Anti-Terrorism Act. Additionally, he was accused of encouraging IS membership by showing IS-related videos to colleagues he worked with, promoting or threatening them. Under the current Anti-Terrorism Act, anyone who supports joining a terrorist organization or encourages or incites others to join faces imprisonment of up to five years.
The first trial court found A guilty of inciting IS membership and sentenced him to three years in prison. However, the court acquitted him on the charge of encouraging membership.
However, the appellate court overturned the first trial’s decision and acquitted him of all charges. The appellate court ruled that the prosecution failed to prove that A incited joining the terrorist organization beyond simply praising, encouraging, or appealing for support of terrorist activities. It also found no evidence of the crime regarding the encouragement of joining IS.
The Supreme Court’s judgment differed. The Supreme Court stated, "The posts, videos, and the act of linking to a Telegram account under the name of a propaganda medium posted by A can be understood as encouraging participation or joining a specific terrorist organization, IS, beyond mere support, praise, or sympathy for terrorist acts or organizations," and found the appellate court’s review insufficient on this point. It further stated, "The appellate court misinterpreted the legal principles concerning 'incitement to join a terrorist organization' as defined in the Anti-Terrorism Act, failed to conduct necessary examination, and this error affected the judgment," thus remanding the case.
Regarding the charge of encouraging colleagues to join the terrorist organization, the Supreme Court found no issue with the appellate court’s ruling and dismissed the prosecution’s appeal.
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