Yushin rule

The court should repent for past mistakes

The trial concerning Park Chung-hee’s abuse of power is currently ongoing. In a landmark ruling roughly three and a half decades later, the Supreme Court Thursday reversed its previous position and concluded that the Emergency Decree No.1 the authoritarian ruler issued is unconstitutional.

In a unanimous ruling, the court cited two logical reasons for its unconstitutionality. The first is the decree infringed upon the basic rights of individual freedom and liberty. The second is the fact that Park issued the decree although the country was neither in a grave emergency nor was national security under threat.

The ruling is a complete reversal of the top court's position. Until now, the court backed its constitutionality because it was issued on the basis of the Yushin (Revitalizing Reform) Constitution.

During his 18-year iron-fisted rule, Park issued nine emergency decrees under the guise of protecting the country in the face of external threats to national security. Tens of hundreds of pro-democracy fighters were tortured, jailed and sentenced. In hindsight, the decrees were designed to justify his permanent presidency.

The decision is a personal triumph for Oh Jong-sang who was convicted in 1975 for violating the Anti-Communist Law and Emergency Decree No.1

This new ruling clears him of the false charge 35 years following the sentencing. Intelligence agents interrogated Oh in 1974 when he criticized the ruling elite for eating flour-based food full of meat and eggs while citizens were encouraged to consume flour-based meals without meat or eggs to cope with the then-rising rice shortage.

He was tortured and wounded in a sleep-less six-day interrogation. He was later sentenced to three years in prison, with a three-year suspension of basic rights. In 2007, the Truth and Reconciliation Commission accepted his appeal and asked the Supreme Court to review its ruling.

Since 2000, victims have filed requests for review on the constitutionality of the decree.

Oh is just one of the countless victims of Park’s repressive regime. Tens of hundreds of pro-democracy fighters were jailed, tortured and even killed. The ruling will serve to help other victims restore their rights and honors and receive state compensation.

The ruling also should be an occasion for the court to repent its past sycophancy to the dictatorial regime.

President Park’s legacy is mixed. He introduced the Yushin Constitution to control the National Assembly. He was elected through an indirect election under sycophant representatives.

His presidency was extended to six years and there was no restriction on his reappointment. Park’s government had complete reign of the legislature and the judiciary. The government even controlled educational guidelines so that textbooks supporting the ideology of the military regime could be used.

Ultimately his leadership justified oppression for economic advancement. His political oppression should never be forgotten or overlooked. Many developing countries should not import Korea’s dictatorial development model. They could localize Korea’s model so that economic development should not be an excuse for sacrificing democracy. The court should repent its subservience to the dictatorial rule.