Lee Seok-ki gets 9 years in prison

Lee Seok-ki, a former lawmaker of the now-defunct Unified Progressive Party (UPP), smiles at his supporters before a Supreme Court ruling, Thursday. / Yonhap

Supreme Court only faults pro-NK ex-lawmaker for rebellion instigation

By Kim Rahn

The Supreme Court upheld a nine-year jail sentence handed down by the High Court to former Unified Progressive Party (UPP) lawmaker Lee Seok-ki for “instigating” plots to topple the government in the case of war with North Korea.

It also confirmed the lower court’s clearing Lee of “conspiring” to foment an armed rebellion, citing the absence of details such as dates for action and clear agreement from Lee’s supporters.

The ruling came 17 months after Lee was first arrested and soon after the Constitutional Court ordered the disbandment of the UPP for its pro-North Korean activities, largely based on the charges filed against Lee.

He was indicted for setting up an underground group, the Revolutionary Organization (RO), and discussing plans to stage an armed insurrection in the case of a North Korean invasion.

“In case of a war between the two Koreas, Lee instigated the participants to destroy the nation’s key infrastructure to make sure their aims were realized,” Chief Justice Yang Sung-tae said.

“We recognize his activities were aimed at disrupting the constitutional order and instigating an insurrection to overthrow the government.”

However, the top court did not recognize the charge of conspiracy, which was based on the testimony of an informant who claimed to be a former RO member.

“For the conspiracy charges to be recognized, there should be agreement on the target and goal of the insurrection among conspirators and there should be an actual danger of insurrection,” Yang said.

“However, there was insufficient evidence to show that Lee and others really planned an insurrection or prepared for it. If we regard exchanges of opinions about a crime as an agreement to carry it out, it can infringe on the freedom of expression.”

Concerning the RO, the top court said the group was the informant’s assumption, adding that there was no evidence to prove the group really existed or had a doctrine, goals or system of command.

After the ruling was made, Lee shouted to the public gallery: “Judicial justice has died!”

In February last year, the Suwon District Court handed down a 12-year prison term to Lee, recognizing all the charges and the existence of the RO.

In August, however, the Seoul High Court concluded the RO did not exist. It also did not recognize the conspiracy charge and reduced his term to nine years.

For the six other former UPP members who were indicted on the same charges as Lee, the top court upheld the High Court’s verdict, giving them three to five years in jail.

Previously, Korea had two cases of plotting insurrection. In 1974, the top court gave the death penalty to eight pro-democracy activists for plotting to overthrow the government by setting up the People’s Revolutionary Party; their execution was carried out 18 hours after sentencing. In 1980, the late former President Kim Dae-jung, who was a pro-democracy activist, was sentenced to death on the same charge.

All those people, including Kim, were later found to be innocent in retrials, which concluded that they were falsely accused by the dictatorial regimes of those times.