Each retrial shall be initiated for the decision to be re-judged: Decision about Case: 2017 Inventory Hab-4

서지정보

· 발행기관 : 세계섬학회
· 수록지 정보 : World Environment and Island Studies / 8권 / 3호
· 저자명 : Judge Je-Gal Chang, Chang Hoon Ko, Michael Saxton, Dong-yun Yang

목차

Abstract
1. Basic Facts
2. Judgment on the legality of the cases’ appeal
A. Concerning the existence of a retrial judgement
B. in connection with the possibility of making adecision on these cases.
3. a judgment on the existence of reasons forreconsideration
4. conclusion
Retrial Verdict
Special Reference

영어초록

On September 4, 2018, Second Criminal Division of Korea Jeju District Court Judge, Mr. Chang Jegal decided that “Each retrial shall be initiated for the decision to be re-judged,” at 18 Jeju 4.3 Survivors retrial: Decision about Case: 2017 Inventory Hab-4 : Rebellious or Treasonous Actions and Violations of the National Defense and Security Act. As for A. Rebellious or Treasonous Actions B. Violations of the National Defense and Security Act. Defendant: Defendants are the same as listed in the appendix, Retrial Claimants: The Defendants, Counsel: The Law firm Haemaru (For the defendants), Lead Lawyers: Im Jae-sung & Kim Seeun, Judgement on the Retrial: The Following report on the Retrial judgement is as stated. Order : Each retrial shall be initiated for the decision to be re-judged. Reasons : 1. Basic Facts. The records of this case indicate that each of the following facts can be admitted: A. The petitioners are Jeju residents who were detained by the military and police during the fall of 1948 to July 1949 when the Jeju 4.3 Incident was under way, and were transported to a prison on the main land from December 1948 to July 1949, where they were imprisoned for a certain period of time after arriving. (Here after, According to Article 2, section 1 of the SPECIAL ACT ON DISCOVERING THE TRUTH OF THE JEJU 4·3 INCIDENT AND THE RESTORATION OF HONOR OF VICTIMS. The term "Jeju 4·3 Incident" means an incident in which the lives of inhabitants were sacrificed in the riot that arose on April 3, 1948 starting from March 1, 1947 and in the process of armed conflicts and suppression thereof that took place in Jeju-Do and the suppression thereof until September 21, 1954.) B. The records show that the claimants to deduce the basis for their transfer to the main land and imprisonment thereafter, include the names of the claimants, their age, occupation, residence, plea and verdict, adjudication date, sentence and confinement in prison, which are listed as one column for each of the petitioners. The documents are from the Registry of Convicted Persons from the 12th month of the year 4281 (1948) and the 7th month of the year 4282 (1949) & the criminal records of Claimants, Park, Park, Bu, Yang, Bang, Oh, Oh, Jeong, Jo, and Han. In addition, as part of the fact-finding investigation into the reasons for the appeal, documents related to the execution of military enforcement orders or reduction of sentences for some of the petitioners, which were obtained through fact-finding and document-transfer requests from the National Archives and other related agencies. Beyond these, documents that can directly confirm the original judgement concerning the claimants, such as the indictments, records of trial and ruling, prison transfers and other prison records have yet to be discovered.

참고자료

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