The Retrial of Late Kim Jae-gyu Begins... Family Says "A Chance to Correct the Judiciary's Worst History"

[Financial News] The retrial of Kim Jae-gyu, the former Director of the Central Intelligence Agency, who was executed for the assassination of former President Park Chung-hee in the '10·26 Incident', began on the 16th. It has been 45 years since his execution in May 1980.
Seoul High Court Criminal Division 7 (Presiding Judge Lee Jae-kwon) held the first retrial hearing on charges including murder for the purpose of rebellion against Kim on the morning of that day.
Kim's younger sister, Kim Jeong-suk, who requested the retrial, spoke in court, saying, "October 26, 1980, will also be a shameful history for the judiciary of the Republic of Korea," adding, "(At that time) the judiciary failed to maintain even the minimum procedural justice."
She continued, "If my brother hadn't stopped it, more than a million of our people would have been sacrificed," and "I believe this retrial can be an opportunity for the judiciary of the Republic of Korea to correct its worst history on its own."
The defense team for Kim pointed out procedural issues in the military trial at the time. They mentioned the beatings and torture by investigative agencies immediately after his arrest, arguing, "The trial at that time incapacitated the defendant's right to defense," and "The death sentence was issued just 17 days after the indictment on October 27, 1979, indicating how hastily and quickly it was conducted."
They also argued that the emergency martial law declared on October 27, 1979, after the death of former President Park, was unconstitutional and illegal, and that the Security Command at the time had no legal authority to arrest and investigate Kim. The defense team stated, "The 10·26 and last year's 12·3 emergency martial law are a déjà vu after 45 years," and "Yoon Seok-yeol has brought back Kim Jae-gyu from 45 years ago."
They added, "It may be a murder case against Park Chung-hee as an individual, but it was not a constitutional disturbance, and the defendant's purpose was to restore liberal democracy by killing Park Chung-hee," stating, "The new military regime at the time framed it as a rebellion with the intent to seize power and distorted the incident."
The court requested related materials from the prosecution to examine the illegality of the emergency martial law declaration. The next hearing is scheduled for September 5 at 2:30 PM, and on that day, the prosecution is expected to submit a response to the reasons for the retrial request, organize existing evidence, and present future proof plans.
Kim was indicted for the murder of former President Park and then Chief of the Presidential Security Service Cha Ji-cheol on October 26, 1979, and was executed in May of the following year.
The family requested a retrial in May 2020, and after deliberation, the Seoul High Court decided to commence the retrial on February 19. Although the prosecution appealed, the Supreme Court dismissed the prosecution's re-appeal on May 13, agreeing with the Seoul High Court's decision to accept the family's retrial request.

scottchoi15@fnnews.com Choi Eun-sol Reporter