Letter and Wreath Praising Kim Jong Il... Supreme Court: "No Clear Danger Proven, No Violation of National Security Act"

Second Trial Acquittal Upheld
Strict Interpretation of National Security Act's "Praise and Incitement"
Supreme Court: "No Substantial Harm to Liberal Democratic Order"
Use of Soccer Ball Funds Also Acquitted... "Tournament Purpose Met"
Foreign Exchange and Unauthorized Export Convictions... 10 Million Won Fine Finalized

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The acquittal of the chairman of the Inter-Korean Sports Exchange Association, who was charged with violating the National Security Act for sending a letter praising Kim Jong Il, Chairman of North Korea's National Defense Commission, and a funeral wreath to North Korea, has been finalized.

According to the legal community on December 31, the Supreme Court's Second Division (Presiding Justice Eom Sang-pil) partially acquitted Kim Kyung-sung, chairman of the Inter-Korean Sports Exchange Association, in the final appeal trial on December 4, regarding charges of violating the National Security Act (praise and incitement, etc.).

Chairman Kim was put on trial for delivering a letter praising Kim Jong Il to a North Korean official on the occasion of Kim Jong Il's birthday in February 2010, and for sending a funeral wreath to the North Korean embassy in Beijing, China, after Kim Jong Il's death in December 2011.

The first trial found him guilty of violating the National Security Act, but the second trial reached a different conclusion. The appellate court explained, "It is difficult to conclude, beyond reasonable doubt, that the defendant's actions posed a clear danger to the existence or security of the state or to the liberal democratic order, or that the defendant was aware of such a risk."

The appellate court also acquitted him of embezzlement charges related to the use of Gyeonggi Province sponsorship funds, which were allocated for the purchase of soccer balls for a soccer tournament in July 2015 but were instead used to buy soccer shoes. The court stated, "Whether the subsidy was used specifically for soccer balls is not an issue, and there is room to consider that using it for a soccer tournament with North Korea is sufficient."

However, the court found him guilty of the following: paying a fine in May 2013 using bank sponsorship funds (embezzlement), exporting soccer shoes worth about 60 million won to North Korea in August 2015 without the approval of the Minister of Unification (violation of the Inter-Korean Exchange and Cooperation Act), and transferring approximately 300,000 dollars (about 400 million won) in subsidies from Gyeonggi Province and others to China between February and August 2015 without declaring it to customs (violation of the Foreign Exchange Transactions Act).

The appellate court sentenced him to a fine of 10 million won, taking into account that the embezzlement was partly due to ignorance and the funds appeared to have been returned, and that the violation of the Inter-Korean Exchange and Cooperation Act occurred because the North Korean side abruptly changed their requested items. Both the prosecution and Chairman Kim appealed, but the Supreme Court found no fault in the appellate court's judgment and dismissed the appeals.