Seoul court gives Chung, Suh suspended prison terms over fishermen's forced return

The Seoul High Court on 21 October sentenced two former senior officials of the Moon Jae-in government to prison terms suspended on appeal over the forced return of two North Korean fishermen in 2019. Criminal division 15-3, presided over by Seong Eon-ju (성언주), gave Chung Eui-yong, the former National Security Office head, and Suh Hoon, the former National Intelligence Service director, 1 year 6 months each, suspended for three years. Kim Yeon-chul, the former unification minister, received 1 year, suspended for two years. Roh Young-min, the former presidential chief of staff, was acquitted. Asia Economy and CBS NoCut News said the charges included abuse of authority under the National Intelligence Service Act. [ 22 , 29 , 31 , 37 ]

The first trial had found the defendants' abuse of authority proven but suspended the passing of sentence: 10 months for Chung and Suh, and 6 months for Roh and Kim. Kyunghyang Shinmun said the first court had questioned whether it was right to punish only those in charge when no law or guideline existed for such a case since the division of the peninsula. The appeal court's sentences are heavier, and it reversed the first court's finding on Roh. [ 17 , 22 , 26 , 33 ]

The appeal court said the repatriated fishermen are South Korean citizens and that North Korea is South Korean territory. It found that the decision obstructed their freedom of the person and their right to challenge a compulsory measure in court. It said that even if the decision was meant to protect citizens' lives and safety, the legal requirements for exercising the authority were not met. According to Kyunghyang Shinmun, it noted that the defendants received a report from the legal affairs secretary's office calling for careful review, yet decided on the return two days after capture and completed it three days later. The court concluded they had at least a conditional intent to abuse their authority. [ 22 , 37 ]

On sentencing, the court said the defendants had abandoned their duty to protect North Korean residents, shocked junior officials mobilised for unlawful orders and frightened defectors settled in South Korea. Newsis said it took into account that they may have been unable to judge rationally in an unusual situation, that they had almost no criminal record and that they are elderly. On Roh, the court said the prosecution's evidence was not enough to find that he conspired in the abuse of authority, and that there was no other evidence of it. [ 22 , 37 ]

The case concerns two fishermen who, in November 2019, said they wished to defect and were suspected of killing 16 fellow crew members. Kyunghyang Shinmun reported that the government sent them back five days after capture because they had confessed to the killings. Prosecutors indicted Chung, Suh, Roh and Kim in February 2023, according to the same report. [ 22 , 31 , 37 ]

Chung and the others issued a statement saying the ruling failed to consider the substance of the case and the special circumstances at the time, that they could not accept it and that they would appeal to the Supreme Court immediately. People Power Party floor leader Jeong Jeom-sik (정점식) wrote on Facebook that he regretted the ruling but that it defined the criminal nature of the decision more clearly than the first trial. The party's chief spokesperson, Park Chung-gwon (박충권), called the punishment far too light, said Roh's acquittal was unacceptable and urged prosecutors to appeal immediately. [ 22 , 35 ]