In the retrial of Kim Jae-kyu, who was sentenced to death for assassinating former President Park Chung-hee during the October 26 incident, prosecutors requested the court to maintain the guilty verdict.
On September 30, during a hearing at the Seoul High Court's Criminal Division 7, presided over by Chief Judge Koo Hwa-geun, prosecutors stated, "We ask that the defendant's appeal be dismissed."
Prosecutors argued that evidence collected during the initial investigation and trial confirms that Kim shot and killed both former President Park and Cha Ji-cheol, the former head of the Blue House security service. They added, "Based on courtroom testimonies, it is also acknowledged that after the assassination, Kim declared martial law and attempted to suppress constitutional institutions by forming a revolutionary committee."
Referring to Kim's final statement during the original trial, prosecutors emphasized, "Kim acknowledges that he killed the president in an effort to restore liberal democracy. This act cannot be justified solely on the grounds of resistance or the restoration of democracy."
Kim's defense argued that there was no intent to disrupt the constitution, claiming that the charge of insurrection-related murder does not hold. The defense attorney stated, "The defendant informed his subordinates, including Park Heung-joo, about the intention to assassinate the former president only 30 to 40 minutes before the incident, indicating it was a spontaneous act and not one with the intent to disrupt the constitution."
The attorney further remarked, "History still remembers the events of that day 47 years ago as an insurrection-related murder committed by General Kim Jae-kyu to seize power. It is time to correct this narrative."
Kim's brother addressed the court, requesting, "Please deliver a wise ruling that will be remembered in history. What the family seeks is not just a verdict but recognition that the October 26 incident and Kim Jae-kyu played a positive role in the democracy of South Korea."
The court has scheduled the sentencing for December 16.
Kim was indicted for the murders of former President Park and Cha on October 26, 1979, and was sentenced to death six months later, in May 1980. In May 2020, Kim's family filed for a retrial, and after hearings, the Seoul High Court decided to initiate the retrial in February of last year.
Prosecutors appealed this decision, but the Supreme Court dismissed their appeal in May of last year, affirming the lower court's ruling to accept the family's request for a retrial.
* This article has been translated by AI.
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