Court rules 1980 emergency measures unconstitutional
The mother and younger brother of legendary labor activist Jeon Tae-il were acquitted of martial law violations more than 44 years after their initial convictions under Chun Doo-hwan's military regime, court officials said Friday.
They were among four people whose charges were ruled invalide by the Seoul Eastern District Court, due to the unconstitutional nature of the emergency martial law under which they were prosecuted.
Jeon's mother Lee So-sun, who died in 2011 at the age of 82, had been sentenced to 10 months in prison in 1981 for violating martial law provisions, including restrictions under the Assembly and Demonstration Act. His brother Jeon Tae-sam and others received sentences of up to three years on related charges.
The court ruled that the military regime's expansion of emergency martial law to the entire country on May 17, 1980, citing alleged rumors of North Korean infiltration into South Korea, lacked constitutional legitimacy from the outset.
It stated that "the declaration was issued without meeting the requirements set forth by the Constitution and relevant laws and violated fundamental rights guaranteed by the Constitution, including freedom of expression."
"Since the declaration of martial law was unconstitutional and invalid from the beginning, the charges against the defendants based on violations of martial law cannot constitute a crime," the court added.
The court’s ruling followed a retrial request filed by the defendants, including Jeon Tae-sam, with the Seoul Eastern District Court in November 2021. The retrial resulted in the formal recognition of their innocence, as the court acquitted them 44 years after their original convictions.
Jeon Tae-il, a garment worker and labor rights activist, served as a catalyst for public debate on the substandard labor conditions and the brisk labor union movement in the country. He died while protesting on Nov. 13, 1970, at the age of 22.
Following her son’s death, Lee became a labor activist herself. She was arrested multiple times throughout the 1970s and 1980s for participating in illegal protests against authoritarian governments and aiding fellow labor activists.
