Seoul Court Overturns 1976 Execution, Issues Apology Amid Growing Posthumous Acquittals
Updated (3 articles)
Court Grants Posthumous Acquittal to Executed Civilian On January 19 2026, the Seoul Eastern District Court cleared Kang Eul‑seong of National Security Act charges, overturning his 1976 execution for allegedly rebuilding the underground Unification Revolutionary Party under North Korean orders [1][2][3]. The judges said evidence was insufficient to prove Kang praised or sympathized with anti‑state activities, noting that merely reading a North Korean newspaper did not demonstrate intent [1][2]. The decision is framed as correcting a past wrong from the Park Chung‑hee era’s crackdown on the 1968‑discovered organization [1][3].
Prosecutors and Judiciary Decline to Appeal, Issue Apologies Prosecutors, who had argued that procedural truth was not preserved in the original trial, announced they would not appeal the acquittal [1][2]. The court issued a contrite statement, apologizing to Kang’s bereaved family for the irreversible damage caused by the earlier judgment [1][3]. Both the prosecution and the bench expressed remorse, underscoring a broader institutional acknowledgment of past missteps [2][3].
Family and President React to Belated Justice Kang’s eldest daughter, after 53 years of campaigning, welcomed the verdict but said the family still seeks accountability from the defense ministry [2]. President Lee Jae‑Myung posted on his social platform that responsibility lies with the investigators, prosecutors and judges, describing the ruling as a belated correction of justice [3]. The family displayed a banner in Seoul on the day of the verdict, marking the moment as a symbolic closure [2].
Case Fits Wider Wave of Anti‑Communist Retrials The acquittal adds to at least four other posthumous exonerations of individuals linked to the Unification Revolutionary Party, an underground group uncovered and dismantled in 1968 [1][3]. Legal analysts view the pattern as part of South Korea’s ongoing reckoning with anti‑communist prosecutions from the 1970s‑80s [1][3]. The trend may prompt further reviews of National Security Law convictions from that era [3].
Sources
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1.
Yonhap: Seoul court posthumously acquits man executed 50 years ago in national security case: details the court’s January 19 2026 decision clearing Kang Eul‑seong, the insufficient evidence finding, prosecutors’ non‑appeal stance, and the family’s long‑standing demand for justice .
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2.
Yonhap: Seoul court posthumously acquits man executed in national security case: emphasizes the same acquittal, the procedural arguments by prosecutors, the court’s apology, and public reactions including a banner displayed by the bereaved family .
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3.
Yonhap: Seoul court posthumously acquits Kang Eul‑seong in belated retrial: adds President Lee Jae‑Myung’s comments, the broader pattern of anti‑communist retrials, and the scattered remains of Kang, highlighting the symbolic nature of the late justice .
Timeline
1968 – South Korea’s spy agency uncovers the Unification Revolutionary Party, an underground pro‑North Korean organization, and dismantles it under President Park Chung‑hee’s administration, setting the stage for later security prosecutions[1].
1974 – Kang Eul‑seong, a civilian Army employee, is alleged to have tried to rebuild the Unification Revolutionary Party on orders from North Korea, an accusation that later underpins his 1976 conviction[1][2][3].
1976 – Military counterintelligence arrests, tortures, and executes Kang after convicting him under the National Security Act for attempting to revive the underground group, reflecting the era’s harsh anti‑communist enforcement[1][2][3].
2020s – Four other defendants linked to the same underground organization receive posthumous acquittals in retrials, establishing a broader pattern of revisiting 1970s‑80s anti‑communist cases[1][3].
Jan 19, 2026 – Seoul Eastern District Court posthumously acquits Kang Eul‑seong, ruling there is insufficient evidence that he praised anti‑state acts and finding him not guilty of National Security Act charges[1][2][3].
Jan 19, 2026 – Prosecutors announce they will not appeal the verdict, citing procedural flaws in the original trial and effectively ending the case[1][2][3].
Jan 19, 2026 – The court issues a formal apology to Kang’s family, expressing sorrow for the irreversible damage caused by the past error[1][3].
Jan 19, 2026 – President Lee Jae Myung posts, “responsibility lies with those who conducted the investigation, prosecution and rulings,” calling the decision a belated correction of justice[3].
Jan 19, 2026 – Kang’s eldest daughter, at a banner‑bearing rally in Seoul, says “we have fought for 53 years and do not expect an instant apology,” while urging accountability from the defense ministry[1].
Jan 19, 2026 – Bereaved families welcome the acquittal, displaying a banner in Seoul to mark the decision as part of ongoing efforts to rectify past anti‑communist prosecutions[2].