For the first time at the national level, an official investigation has been launched into the 'spy fabrication cases' involving Korean residents in Japan, which occurred during past authoritarian regimes. The government will review investigation and trial records to provide legal redress and restore the honor of victims who suffered wrongful imprisonment due to torture and manipulation by investigative agencies.
On October 7, the Truth and Reconciliation Commission (Chairman Song Sang-kyo) announced during its sixth plenary session in Seoul that it has decided to initiate an official investigation into human rights violations against Korean residents in Japan.
While there have been instances of individual applications from victims or their families for investigation, this marks the first time the Commission has taken the initiative to investigate cases involving Korean residents in Japan. This action aims to address the gap in the application process, particularly for elderly victims or those who have passed away, as well as those residing in Japan who find it difficult to navigate domestic legal procedures. This is the second official investigation initiated by the third Commission, following the human rights violations against fishermen who returned after being abducted.
The investigation will focus on cases from the 1970s and 1980s involving Korean residents in Japan who were arrested on charges of espionage after returning to their homeland for study or business, as well as those who were prosecuted and convicted under the National Security Law and anti-communism laws after visiting Japan for study, work, or family visits. Based on investigation and trial records obtained by the second Commission, 33 cases involving a total of 69 individuals, including co-defendants, have been identified, all of which have received final verdicts.
Findings from the first and second Commissions revealed that victims had limited connections in Korea and struggled with the language, severely undermining their rights to defense during criminal proceedings. Security authorities exploited these vulnerabilities to forcibly detain them without warrants. Notably, the National Intelligence Service and the Military Security Command, which had no legal authority to investigate civilians, were found to be deeply involved in illegal investigations. Victims were subjected to brutal treatment, including prolonged isolation, physical assault, threats, sleep deprivation, beatings, being hung upside down, and water torture, coercing them into false confessions and cooperation with fabricated cases.
The extent of illegal detention by investigative agencies has also been starkly revealed. According to court rulings and investigation records secured by the Commission, the duration of illegal detention before warrants were issued ranged from a minimum of three days to a maximum of 143 days. The Commission stated that such prolonged illegal detention and torture investigations clearly constitute grounds for retrial as outlined in Article 420, Clause 7 (Crimes by Investigative Officers) and Article 422 of the Criminal Procedure Act.
Previously, the Commission had made a truth-finding decision regarding 11 victims of Korean residents in Japan whose investigations were completed during the second Commission's term. These individuals received not guilty verdicts through retrials. The third Commission has resumed investigations into some cases that were halted during the second Commission's term and has confirmed that all 33 unresolved cases will be subject to official investigation.
The Commission noted that some victims have suffered severe aftereffects, leading to mental health issues that required hospitalization, and their families have also needed psychiatric treatment. The stigma of being labeled as 'spy families' has caused them to face dual suffering, being ostracized both in Korea and within the Korean community in Japan.
Chairman Song Sang-kyo stated, "We will do our utmost to uncover the truth for the victims who continue to suffer due to the human rights violations against Korean residents in Japan. We aim to socially reflect on the mistakes of state violence perpetrated by past authoritarian regimes and promote substantial recovery for victims, including the restoration of their honor."
Meanwhile, the deadline for applications for truth-finding by the Commission is set for February 25, 2028. Victims of past incidents, including those involving Korean residents in Japan, as well as their families or individuals who have heard about the cases, can apply through the Commission, overseas diplomatic missions, or local government offices.
* This article has been translated by AI.
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