Law: "Grave crime destroying liberal democracy"... Court imprisonment
Two accomplices sentenced to 5-7 years
One acquitted due to lack of evidence
A former senior official of the Korean Confederation of Trade Unions (KCTU) who was prosecuted for espionage activities under North Korea's orders was sentenced to 15 years in prison in the first trial.
The Criminal Division 14 of Suwon District Court (Presiding Judge Ko Kwon-hong) on the 6th sentenced Seok Mo (53), former Director of the Organization and Dispute Department of KCTU, who was indicted for violating the National Security Act (espionage, etc.), to 15 years in prison and 15 years of disqualification. Kim Mo (49), former Director of Organization of the Health and Medical Workers' Union under KCTU, who was also indicted for violating the National Security Act (special infiltration and escape, etc.), was sentenced to 7 years in prison and 7 years of disqualification. Yang Mo (55), former Vice Chairman of the Metal Workers' Union under KCTU, was sentenced to 5 years in prison and 5 years of disqualification. Seok and the other two were detained in court on the same day due to flight risk and other concerns.
However, Shin Mo (52), former Director of Organization of a federation under KCTU, who was charged with violating the National Security Act (meeting, etc.), was acquitted.
The court said regarding Seok, "The defendant's crime benefits North Korea and causes division and confusion in our society, undermining liberal democracy, which is a serious crime." It added, "The crime was committed secretly and meticulously over a long period, which makes the nature of the crime very bad." It continued, "He was called the secret organization branch chief within KCTU and exchanged orders and reports with the North 102 times." The court emphasized, "We cannot help but question whether the defendant's actions truly reflected the wishes of all union members who joined the labor union under KCTU and paid union dues with their hard-earned money. Since this caused the loss of public support and trust in KCTU, severe punishment is inevitable."
Regarding Shin, who was acquitted, the court stated, "Based solely on the evidence submitted by the prosecution, it is difficult to recognize that the defendant conspired with Seok and knowingly met with North Korean agents to threaten the existence of the state or the liberal democratic basic order." It also judged, "There is no circumstance to view the defendant as being in close relations with Seok, nor is it likely that the defendant currently holds a position to influence the direction of KCTU activities."
Seok and others were arrested in May last year and prosecuted while in custody on charges of receiving North Korean orders from 2017 to 2022, conducting espionage activities under the guise of union activities, and meeting North Korean agents overseas in China and Cambodia. They were later released on bail in September to October of the same year and tried without detention.
It was investigated that Seok collected information on factional groups and tendencies of candidates for the KCTU chairman election, as well as classified information on U.S. military bases in Pyeongtaek and Osan Air Base from May 2020 to June 2021 under North Korea's orders.
The prosecution viewed that Seok and others directly received guidance from the North Korean cultural exchange bureau, a South Korea-targeted espionage organization, formed an underground organization called 'branch,' and attempted to control and manipulate labor organizations by recruiting key figures from KCTU's central headquarters, industrial unions, and regional federations as members. The prosecution, the National Intelligence Service, and the National Police Agency secured 90 North Korean orders and 24 reports to the North in this case, and decrypted the codes of the correspondence exchanged by them to uncover the underground organization.
In the previous sentencing hearing, the prosecution requested 20 years in prison and 20 years of disqualification for Seok, 10 years in prison and 10 years of disqualification for Kim, 7 years in prison and 7 years of disqualification for Yang, and 3 years in prison and 3 years of disqualification for Shin.
The defendants denied the charges and raised issues with the evidence collection process by the investigation authorities. Seok and others argued, "Photos, videos, and CCTV footage collected by the National Intelligence Service abroad must comply with international criminal judicial cooperation procedures as lawful procedures during foreign investigations." They claimed, "Filming videos without consent or approval significantly violate basic rights and constitute forced investigation violating the warrant principle." However, the first trial court judged that the seized North Korean orders, reports to the North, and collected video evidence were lawful and recognized their evidentiary value through objective methods.
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