Acquittal for the Late Lee Inguk in February
Compensation Granted for Unlawful Detention
Lee In-guk, who had been convicted in a fabricated espionage case orchestrated by the Defense Security Command (Boansa), was acquitted after 52 years through a retrial, and now his surviving family members will receive criminal compensation.
According to the legal community on the 17th, the Seoul High Court’s Criminal Division 12-2 (Presiding Judges Bang Unghwan, Kim Mina, and Hong Jiyeong) announced in the official gazette that it has finalized a decision to award 2.75 million won in compensation for expenses to Lee’s son, who filed the criminal compensation claim.
The Truth and Reconciliation Commission for Clarification of Past Incidents determined in November 2022 that Lee and others had likely been subjected to forced statements and assault by investigative authorities while being illegally detained, and decided to uncover the truth of the case. Lee’s side filed for a retrial in April last year.
This criminal compensation is divided into two categories: reimbursement of costs such as attorney and transportation fees incurred for the trial, in accordance with the Criminal Procedure Act, and compensation for detention under the Act on Compensation for Criminal Cases. The matter announced this time pertains to compensation for detention.
On January 17, 1972, Lee, who was a civilian, and two others were taken by Boansa investigators and interrogated while being illegally detained for two weeks. Boansa investigators impersonated National Intelligence Service officers to illegally arrest and investigate civilians. The arrest warrant for Lee was executed on January 31.
Lee and the others were indicted on charges of violating the National Security Act and the Anti-Communist Act for allegedly supporting the activities of a spy, Im, who had infiltrated the Daegu and Gyeongbuk regions in the 1960s, and for receiving money and goods. At the time, Lee testified in court that he had made false statements under severe torture by Boansa, but was nonetheless convicted. In March 1973, the Supreme Court finalized a sentence of five years in prison and five years of disqualification from certain rights.
In February of this year, the Seoul High Court’s Criminal Division 14-1 (Presiding Judges Park Hyesun, Oh Youngsang, and Lim Jonghyo), which handled the retrial, acquitted Lee, stating, "The defendant’s statements to the investigative authorities were either obtained during an illegal investigation involving torture and other harsh acts, or there are circumstances that cast doubt on their voluntariness."
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