Imprisoned in the 1980s for Possessing 'Das Kapital'... Acquitted After 42 Years in Retrial

[Financial News] A man in his seventies, who was unlawfully imprisoned four decades ago for possessing Karl Marx's 'Das Kapital,' has been acquitted in a retrial.
On the 28th, the Seoul Southern District Court, presided over by Judge Kim Gil-ho, acquitted Jeong Jin-tae (72) in a retrial for alleged violations of the National Security Act, stating, "This applies in cases where there is no proof of crime."
The court noted, "The defendant's statements regarding the investigation process remain detailed even after 40 years, and there is no indication of exaggeration or falsehood. A search and seizure was conducted at his residence at the time of arrest, but judicial police officers detained him without a warrant and continued the investigation without proper warrants, violating the principle of warrant requirement under the Criminal Procedure Act. Therefore, the seized items and records cannot be admitted as evidence."
The court further stated, "Not only 'Das Kapital' but also other works by Karl Marx have been officially published and widely read in Korea, and the same applies to communist ideology. The content of these books cannot be seen as actively supporting activities of the Democratic People's Republic of Korea (DPRK) or threatening the existence and stability of the state. Freedom of thought and academic inquiry are fundamental rights in a democracy and should be broadly protected."
The court also ruled, "It is difficult to conclude that the study club Jeong joined was established in support of the DPRK. There is no evidence that the materials in question were subversive or that Jeong intended to benefit an anti-state organization."
After the verdict, Jeong told reporters, "For 42 years, I have lived under the stigma of being a criminal, but now I finally feel like a citizen of the Republic of Korea. There are still many people suffering under Article 7, Paragraph 5 of the National Security Act, and many others who have been wronged without grounds for retrial. I hope they will soon have the opportunity to clear their names as well."
Jeong's attorney stated, "Since Jeong was imprisoned for three years, he is eligible to seek compensation through criminal compensation procedures. If he files a claim for state compensation for unlawful detention, harsh treatment, and the inability to lead a normal life due to surveillance after his punishment, he should be able to receive compensation."
Jeong, who was a student at Seoul National University (SNU), was arrested in February 1983 for possessing 'Das Kapital' and other allegedly subversive materials. He was sentenced to three years in prison. Although he appealed the verdict, both the appeal and the final appeal were dismissed, and his conviction was upheld.
Later, the Truth and Reconciliation Commission (TRC) determined in April that Jeong had been interrogated while unlawfully detained and was forced to make a false confession. The TRC investigation confirmed that Jeong was held in illegal detention for about 23 days by police investigators at the time.
At a previous hearing, prosecutors also requested acquittal for Jeong, stating, "Considering the evidence, the defendant's claims, and overall credibility, it appears that Jeong was unlawfully arrested."
welcome@fnnews.com Jang Yu-ha Reporter