Kim's Side: "Death Sentence Only 17 Days After Indictment... A Rushed Trial"
"Yoon's December 3 Martial Law Is a Deja Vu After 45 Years"
The retrial of former Director of the Korean Central Intelligence Agency Kim Jaegyu, who was executed for the 10·26 Incident, began on July 16. This comes 45 years after his execution and five years after the retrial was requested.
The 7th Criminal Division of the Seoul High Court (Presiding Judge Lee Jaegwon) held the first hearing of the retrial on charges including murder with the intent of insurrection against Kim.
Kim's younger sister, Kim Jeongsuk, who filed for the retrial, appeared in court and stated, "If my brother had not intervened, more than one million of our people would have been sacrificed." She added, "I believe this retrial could be an opportunity for the judiciary of the Republic of Korea to correct one of its worst historical mistakes."
Kim's defense team challenged the procedural legitimacy of the military trial at the time. The attorneys argued, "The trial at that time neutralized the defendant's right to defense," and noted, "A death sentence was handed down only 17 days after the indictment on October 27, 1979, demonstrating how rushed and hasty the proceedings were."
The defense also contended that the emergency martial law declared on October 27, 1979, following the death of then-President Park Chung-hee, was unconstitutional and illegal, and thus the Defense Security Command had no legal authority to arrest or investigate Kim. The attorneys stated, "The 10·26 Incident and last year's 12·3 Emergency Martial Law are a d?j? vu after 45 years," and remarked, "Yoon Sukyeol has brought Kim Jaegyu back after 45 years."
They further argued, "While this could be seen as a murder case against Park Chung-hee as an individual, it was not a crime of rebellion. The defendant's objective was to restore liberal democracy by killing Park Chung-hee." They claimed, "At the time, the new military regime distorted the case and framed it as an insurrection in order to seize power."
The next hearing is scheduled for September 5.
Kim Jaegyu was indicted for the murder of former President Park and former Presidential Security Chief Cha Jicheol on October 26, 1979, and was executed in May 1980, just six months later. This was an unprecedented assassination of a head of state in the constitutional history of the Republic of Korea.
The family filed for a retrial in May 2020, more than 40 years after the incident, and the Seoul High Court decided to proceed with the retrial on February 19 of this year. Although the prosecution objected, the Supreme Court dismissed the prosecution's appeal on May 13, upholding the Seoul High Court's decision.
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