Retrial Confirmed for Late Kim Jaegyu in '10.26 Incident'... Supreme Court Dismisses Prosecution's Appeal

Retrial Granted 45 Years After Execution
Original Verdict: "Cruel Acts During Investigation Acknowledged"

A retrial has been granted in the criminal case of former Director of the Korean Central Intelligence Agency, Kim Jaegyu, who was executed for the 10·26 Incident. This is the first time in 45 years since Kim Jaegyu's execution in 1980. If, in addition to the evidence that was unlawfully collected, there is not enough evidence to prove the charges, he is expected to be acquitted as a result of the retrial.

In December 1979, Kim Jaegyu shows a bright expression to his approaching family from the defendant's seat in the Martial Law Ordinary Military Court at the Army Headquarters.

On May 13, the First Division of the Supreme Court (presiding justice: Shin Sookhee) dismissed the prosecution's re-appeal and finalized the lower court's decision that accepted the retrial request from Kim Jaegyu's family. It has been five years since Kim Jaegyu's family filed for a retrial in May 2020, and although the prosecution objected, the Supreme Court found the decision of the Seoul High Court to be valid.

On February 19, the Seoul High Court panel reviewing whether to initiate the retrial stated, "It can be acknowledged that investigators from the Joint Investigation Unit of the Martial Law Command committed acts of assault and cruel treatment, such as beatings and electric torture, against the defendant over several days during the investigation." According to the Criminal Procedure Act, if a judicial police officer involved in the investigation is proven to have committed a crime related to their duties, and the statute of limitations has expired so that a final judgment cannot be rendered, a retrial is permitted.

Kim Jaegyu was indicted for the murder of former President Park Chunghee and former Presidential Security Chief Cha Jicheol on October 26, 1979, and was executed in May of the following year. This was an unprecedented assassination of a head of state in the constitutional history of South Korea. In May 2020, Kim Jaegyu's family requested a retrial, stating, "We hope this will serve as an opportunity for the historical discourse surrounding Kim Jaegyu to evolve and advance."