10/25/2022 issue

‘The Students of Shinseong (Star-at-Dawn Supporters) Grow with the Memories of Jeju 4·3

From One Generation to Another – ‘The Star-at-Dawn Supporters of Jeju 4·3’ at Shinseong Girls’ Middle School.

Students of Shinseong (Star-at-Dawn Supporters) Grow with the Memories of Jeju 4·3

Article and photos by Kim, Gyu-ri, a teacher at Shinseong Girls’ Middle School

Star-at-Dawn Supporters of Jeju 4·3

On Saturdays, the students of the ‘Star-at-Dawn Supporters of Jeju 4·3’ gather at Shinseong Girls’ Middle School (‘Shinseong’ means ‘the star at dawn’ in Korean) in a lively mood. The girls are curious about what they will learn and discuss this week.

This is a story about the Shinseong Girls’ Middle School students who began learning about Jeju 4·3 in 2017 as they grew through understanding the memories of the previous generations. <by editor>

   

[Student booths]

The first stage of growth: the beginning of a study club on Jeju 4·3

In 2017, under the faculty’s guidance, some 3rd graders organized a club called Study Of Social Issues-Group (SOSI-G) to investigate social issues. They began investigating the facts of Jeju 4·3 one at a time.

The various facts and lessons learned were disseminated through student booths during the school festival. They also made goods to sell. Profits were donated as they took the first step in remembering Jeju 4·3.

The second stage of growth: a policy proposal about youth education on Jeju 4·3

For about two years, I thought more students were interested in Jeju 4·3. This was only partially true as I observed some students chatting during a commemoration ceremony for Jeju 4·3. The SOSI-G decided to take a look at this issue socially and propose a needed education policy to identify the problems of the current Jeju 4·3 education for youth.

Social participation includes the stages of posing problems: analyzing existing policy, suggesting public policy, and executing it. The members of SOSI-G undertook the following process to help activate Jeju 4·3 education so that more students could remember Jeju 4·3 together.

In the problem-posing stage, the members conducted studies and interviews with experts on Jeju 4·3. Also, they did surveys about how students perceived Jeju 4·3.

Later, they analyzed the Provincial Office of Education policy on Jeju 4·3 that had been in place for several preceding years. Based on the analysis, they suggested the ‘installation of Jeju 4·3 bulletin boards in middle and high schools in Jeju’ and the ‘operation of a union of youth in Jeju for study on Jeju 4·3’ to the Provincial Office of Education and the Provincial Council.

These activities earned the SOSI-G a grand prize (Minister of Education Prize) in the ‘10th Youth Social Participation Announcement Rally, 2019’ hosted by the Korea Democracy Foundation and Yonsei University.

[Students awarded in the 10th Youth Social Participation Announcement Rally]

Starting next year, the Provincial Office of Education is scheduled to expand support for clubs involved in Jeju 4·3 and human rights. It was meaningful that our members won a grand prize and that our voices were heard and reflected in the policy. What’s more meaningful is the experience students have had so far. In particular, the students cherished their experience interviewing Ms. Hong, Chun-ho from Donggwang-ri as they learned about Jeju 4·3.

In the summer of 2022, we paid a visit to Ms. Hong, a victim of Jeju 4·3, to listen to her life story. In the interview, she said, “I still remember the name of my sibling killed in a cave. I may forget what happened yesterday, but I can never forget about Jeju 4·3.” Now, it is our time to share her memories. We, who will lead the future of Jeju, want to share and pass it down (From a student report)

[During the week of Jeju 4·3, Peace and Human Rights, students are making a placard.]

The third stage of growth: The ‘Star-at-Dawn Supporters of Jeju 4·3’ club activities

* A group-based investigation on Jeju 4·3

After the participation in the 10th Youth Social Participation Announcement Rally, the club was divided into ‘SOSI-G,’ for social issues other than Jeju 4·3, and the ‘Star-at-Dawn Supporters of Jeju 4·3,’ a group dedicated to studying Jeju 4·3. Also, an after-school class has been opened for students other than the club members to join and study Jeju 4·3.

Every year, during the week of Jeju 4·3, Peace and Human Rights, teachers and students prepare for the event together. The activities include ‘building a Jeju 4·3 tree and peace,’ ‘learning about Jeju 4·3,’ and ‘making a placard for peace and human rights.’ Members advertise to those not in the club to recognize and remember Jeju 4·3.

* Informing friends about Jeju 4·3

Based on what they learned, the ‘Star-at-Dawn Supporters of Jeju 4·3’ are performing a standing exhibition posted on school bulletin boards. Also, they are holding a ‘Jeju 4·3 image contest and goods manufacturing project’ to inform more students at school about Jeju 4·3. On April 3rd of every year, they pass out handcrafted file folders and buttons to all the school’s students to share and to remember Jeju 4·3.

* Taking Jeju 4·3 tours twice a year

In spring and fall every year, students take tours to historic sites related to Jeju 4·3 with the help of the Jeju 4·3 Research Institute. In the beginning, it was challenging to schedule and attract attention from students. Now, however, many students are willing to join the tour. The stories they listen to onsite reinforce what they learned from books and in the classroom. It serves as a foundation for their growth.

[Students visiting the room of enshrinement in the Jeju 4·3 Peace Park during the tour]

[Visiting a Jeju 4·3 historic site in Daejeong-eup ]

The fourth stage of growth: learning about peace and human rights beyond Jeju 4·3

Students are now learning about various peace and human rights cases beyond Jeju 4·3. The activities include commemorating the Sewol ferry disaster, learning about the May 18 Democratization Movement, making a ‘line’ of human rights, and making a statue of peace.

Especially in 2021, the students learned about and participated in the ‘#Stand_with_Myanmar challenge’ on Instagram. It was meaningful in that the club members and all students could participate in the challenge.

[‘The line of human rights,’ ‘statue of peace,’ and ‘#Stand_with_Myanmar challenge’ activities.]

Our Star-at-Dawn Supporters are still growing.

I could see many students took the liberty of putting the Jeju 4·3 emblem on their backpacks. It made me smile. The Star-at-Dawn Supporters of Shinseong Girls’ Middle School are also preparing for various activities regarding peace in Ukraine. I am very proud of the students as I think of what they will learn through the experience.

The activities are simple. We are taking one step at a time, learning about Jeju 4·3 as residents of the island. The students learn, little by little, the meaning of true peace and human rights and what kind of adults they should be growing into as they remember Jeju 4·3. What they learn in middle school will accumulate and become the very part that will change many aspects of Jeju.

“It was a hectic schedule preparing for the contest, including while the two typhoons hit Jeju. However, it is still unbelievable that the elderly went through Jeju 4·3, which is much more severe than a typhoon. This has made me decide to be more seriously involved in developing Jeju 4·3 education and remembering the incident.” (From a student report on the 10th Youth Social Participation Announcement Rally)


10/25/2022 issue

A Young Poet’s Conscience That Awakened 4·3

Resolution of Jeju 4·3: Achievements and Contributions

A Young Poet’s Conscience That Awakened 4·3

Jeju 4·3 has long been a taboo subject even though it was an incident of huge magnitude wherein 10% of Jeju residents lost their lives. When the Rhee Syngman regime collapsed due to the April 19 Revolution in 1960, the first movement to reveal the truth of Jeju 4·3 began. With the May 16 coup taking place the following year, those that led the movement were punished. In 1978, Hyun Ki-young published the novel “Sun-i Samch’on”, breaking the forced silence that had lasted for 18 years after the April 19 Revolution. But the novelist was taken and tortured by military intelligence, and the book was eventually banned from sale. Subsequently, none of Jeju residents openly spoke of Jeju 4·3. Lee San-ha’s long epic, ‘Mount Halla,’ released in 1987, was not only the first violation of the taboo nine years after the publishing of “Sun-i Samch’on,” but also the first cry that helped establish Jeju 4·3 as part of the nation’s history of resistance, and of the unification movement, going beyond the recognition of the event as a historical ordeal. I met and had an interview with Lee San-ha, the poet who was imprisoned for authoring the poem.

Interviewed and Arranged by Kim Jong-min, member of the Central Jeju 4·3 Committee

Photographed by Kim Ga-min, professional photographer

[Kim Jong-min (left), member of the Central Jeju 4·3 Committee, interviews Poet Lee San-ha.]

Lee San-ha

Lee San-ha is a South Korean poet whose real name is Lee Sang-baek. Lee was born in 1960 in Yeongil, Gyeongsangbukdo Province, and graduated from Hyegwang High School in Busan and the Department of Korean Language and Literature at Kyunghee University. In 1982, he made his debut as a poet by releasing the serial poem titled ‘The Play of Existence’ under the pen name of Yi Liung in “Poetry Movement”. Starting from 1986 when fleeing due to his involvement in the student movement, he published the People’s Daily and the Road to Democratization, writing a variety of propaganda as a member of the Propaganda Bureau of the People’s Youth League. In 1987, the activist caused great shock by releasing the epic poem ‘Mount Halla’ in “Mung Bean Review”, disclosing the massacre and truth of Jeju 4·3. The case that followed is called the most significant indictment of a literary work since ‘Five Traitors’ by another poet, Kim Ji-ha. Lee had been wanted for his involvement in the student movement for four years until he was arrested and imprisoned under the National Security Act. After being tortured and serving a jail term of a year and a half, he gave up writing for the following 10 years. After being released from prison, he later served as an editor for the Korea National Democratic Movement Federation, a steering committee member of the International Human Rights Center at the People’s Solidarity for Participatory Democracy, and the inaugural editor-in-chief of the “From People to People”, a magazine for human rights published by the Korean House for International Solidarity.

His books include the collections of his poems, titled “The Banality of Evil”, “Mount Halla”, and “With Thunderous Longing”; the coming-of-age novel “The Tin Iron Drum”; the collections of essays on his travel to a mountain temple, “As It Bloomed, It Falls” and “A Path to Jeongmyeolbogung Hall”; the collections of translated poems “The Pain of the Survivor” (poems authored by Primi Levi) and “The Collection of Poems by Che Guevara” (poems authored by Che Guevara).

Lee won the 32nd Kim Dal-jin Literature Award and the 18th Lee Yuk-sa Poetry Literature Award in recognition of his poetic expression from a critical perspective without avoiding the history and the reality of the times.

 

‘Mount Halla’, the epic poem he wrote on the theme of Jeju 4·3 and released in the magazine “Mung Bean Review” (March 1987) 35 years ago, begins as follows:

 

A land that can’t be reached without a tongue-biting wail

That can’t be climbed without toe-cutting anger

On Jeju Island

On Mount Jiri

And in every corner of the Korean Peninsula

Revolutionary warriors were furiously oxidized

Those who were for the liberation of the nation and the unification of the motherland

To all of them I dedicate this poem.

 

From the moment any literary piece appears in the world, it is the readers’ part to understand and feel the work. Could you introduce your poem ‘Mount Halla’ from the author’s perspective?

 

“In general, there are two main ways to deal with any major historical event or massacre. The first is to describe the event as a victim-centered tragedy and the other is to view the event as a protest. And ‘Mount Halla’ is a poem that focuses on the protest side. But now that I think about it, it is most regretful that I ended it with only Part 1. I wish I would have spent two more months to complete a second part.”

 

What message would you try to convey in Part 2 of ‘Mount Halla’?

“Recently, I wrote a poem titled ‘All of This Is Because’. So, why did the young men and women keep climbing Mt. Halla? I think that is the most important part. It was obvious that they would lose, but they continued to climb the mountain. That part seems to be the most important.” ‘All of This Is Because’, in Lee San-ha’s collection of poems, “The Banality of Evil” (Changbi, 2021), can be roughly translated as follows:

 

Although knowing they’re going to fall like autumn leaves and

Knowing they’ll burst as bubbles,

Waves soar and scream as they crest because…

Break their backs in one falling crash because…

The camellia flowers’ blood slowly runs down the side of the knife

Forming as tear drops on the point of the blade because…

On Mount Halla, which emanates a mood of loss

The young keep going up because…

And all of this is because……

 

I wonder how the poem ‘Mount Halla’ was born.

“I was told that a publisher wanted to release a translation of ‘The History of Blood’ (《濟州島 血の歷史-4·3武裝鬪爭の記錄》), written about Jeju 4·3 by a Korean named Kim Bong-hyun living in Japan, but was hesitating because he was scared. The first time I learned about Jeju 4·3 was when I read ‘Sun-i Samch’on’ released in “Creation and Criticism” in my third year of high school. The novel told the story of hundreds of people slaughtered in a small town, and it was so unthinkable that I thought, ‘Did this really happen?’ I couldn’t really feel it in my bones. I read a lot of social science books in high school and many other books after I joined an underground circle in college. But there was no mention of Jeju 4·3 anywhere. So, I trembled all night when I came to the translation of ‘The History of Blood’. And I thought to myself, ‘Oh! There was such a historic revolution in Korea’s modern history, and I didn’t know that and only studied the revolutions of other countries!’ So, I thought I’d publish this first. But even Georeum, the most progressive publisher at the time, hesitated to publish it. At that time, I was wanted by the police but was responsible for the planning division at the Mung Bean publishing company. So, I went to the company with the manuscript and persuaded them. But one day, the CEO suddenly suggested, ‘Why don’t you write the content of the book in a poem?’ The proposal itself shocked me. I said, ‘Why are you telling me to write it!?’ I thought it was like a bomb. I was a bomb carrier at first, but if I accepted his suggestion, I would become a bomb maker.”

Translating literature will make you a ‘bomb-carrier’, but writing a poem will make you a ‘bomb-maker’?

“Yes, that’s a whole different matter. So, I thought about what to do all night long. Should I accept this bomb or not? But then I felt insulted by myself. What would happen to me if I accepted this bomb? If I wrote this and if the bomb exploded, I might end up dying. And if I survived, I might live in a cell for decades and be released with silver hair. I thought of my parents and all sorts of other things, eventually becoming very timid. It felt like there were so many other ‘my selves’ inside me. That is, there was me that had been expressed, but there were so many other inside me that had not been revealed.”

Despite that much consideration, what made you decide to write a poem?

“I thought I wouldn’t be able to write for the rest of my life if I didn’t write it. At that time, there were two motivations. Reading Kim Ji-ha’s poem ‘Five Traitors’ made me swear. Like, ‘Holy xxx, this is the real thing, a real poem. Someday I’m going to write a poem like this,’ I thought to myself. I think things turned out as I had said. And another reason is because of what I went through at the temple. My maternal grandmother was a Buddhist nun with a husband. I used to visit her temple every vacation during my high school years to write poems and read books. One day, a young monk came and practiced meditation facing the wall all throughout the day. It was hot in the middle of summer, and he took off his upper garment and looked at the wall. Looking in from outside, I saw so many dark mosquitos covering his whole back. But the monk didn’t want to use mosquito nets, and even refused to burn mosquito repellent, saying that it is also a chemical killing.”

[Lee San-ha at the time the epic poem ‘Mount Halla’ was released in “Mung Bean Review” (1987)]

Did the meeting with the Buddhist monk lead you to write ‘Mount Halla’?

“It was vacation, so I traveled all over the country with the monk. The first place I visited was Unmunsa, a temple for female Buddhist monks in Cheongdo, Gyeongsangbukdo Province. One day when I entered the Buddhist sanctuary at dawn, hundreds of Buddhist monks of the same age as me, a high school student, sat reading Buddhist scriptures, and the scene was so majestic. I wondered what they were concentrating on or what point they were trying to reach. They belonged to a completely different level of the world from mine. Until then, I didn’t have any level that I sought to reach in terms of poetry. I was only interested in some poetic techniques or messages, without thinking about what the ultimate attainment of being a human was. Then, I was shocked and even cried when hearing the young female monks reciting manuscripts. As the vacation ended, I parted with the young monk I had traveled with after taking our last trip to Jeongmyeolbogung in Sangwonsa, a temple in Odaesan Mountain. But another monk who gave us a ride said, ‘That monk is very dangerous. I’m worried that you’ll get seriously injured.’ What he meant was that one of the most dangerous practices of monks is the practice of copying manuscripts with their own blood. So, I encountered ‘Five Traitors’ when I was most sensitive in high school, and I met a Buddhist monk who used his own blood to copy manuscripts, and also young female Buddhist monks of my age. I was shocked by the way they were so immersed in trying to achieve a certain level, and those images came to my mind when I hesitated to write the poem ‘Mount Halla’. I could refuse to write it and let others do it, but then what would become of me? If that was my destiny at the time, I wished I didn’t have that destiny at all.”

It means that your high school experience influenced your perspective of values and your spiritual world. So, what would it be like if you wrote Part 2?

“It would feature a further development of the situation (after the execution of Moon Sang-gil, who assassinated Park Jin-kyung). But it is my guess that after the Battle of Uigwi-ri or after June 1949 when Lee Deok-gu (Chief Commander of the armed resistance forces) died, it would have been difficult to fight a true battle. A battle can take place only when the power on both sides is equal. Instead, it seemed like the forces actually entered the state of a mental battle. On May 26, 1980, there were 500 people left in the Jeollanamdo provincial government building in Gwangju. Yoon Sang-won, a spokesman for the 500 civilian resistance soldiers, told foreign reporters, ‘Today we will lose. You wonder why we don’t leave this place when it’s obvious that we’re going to lose? We can’t greet the airborne troops with a white flag, can we? Tonight we will be defeated, but history will record us as winners.’ I see the basis of that spirit was the spirit of Jeju 4·3. So, I asked why they kept going up the mountain, knowing that they were going to lose and eventually die? I ask why the civilian resistance forces refused to leave the provincial government building even though they knew they were going to die.”

You were wanted by the police because of authoring ‘Mount Halla’. How did you get arrested?

“While I was wanted, Roh Tae-woo, the presidential candidate of the Democratic Justice Party, made the so-called June 29 Declaration to accept the direct presidential election system. So, the government had to hold a presidential election at the end of the year. The Ministry of National Security set up two plans to create a mood focusing on public security in case of candidate unification between YS (Kim Young-sam) and DJ (Kim Dae-jung). One was to make the most of the bombing of a Korean Air plane, and the other was to define a labor movement team in Incheon, which I was involved in, as an anti-state organization and use me as a victim. Anyway, the police tortured a worker from the labor movement team in Incheon to contact me and arrest me. The worker couldn’t resist the torture and had no choice but to follow the police operation. But when I was in prison, he killed himself out of guilt.”

What happened after you were arrested?

“The police interrogated me with torture by water, so that they could use my case for the presidential election, which was just around the corner (December 1987). To manipulate a larger-scale case, they kept asking who the mastermind was, saying that a 28-year-old young man alone couldn’t have written the poem. There was no one behind me, so how could I say who it was? It was also ridiculous to say, ‘Kim Bong Hyun ordered it.’ I hadn’t even met him. There were a few people that I had tried to protect even though I was being tortured with water and sleep deprivation. Because I didn’t inform on Yoo ○○, Han ○○, and Lee ○○ of the People’s Youth League Propaganda Bureau to the police at the time, I can still see them without feeling guilty. But as the presidential election was getting closer, the atmosphere changed little by little. The police were worried that it would cause trouble if their abusive handling of a poet would lead to the agreement of a single candidate in the progressive circles and the change of the regime. However, even lawyers who were famed for being at the forefront of the nation’s democratization refused to defend me. And literary figures such as Ko ○, Baek ○○, and Shin ○○ didn’t want to testify for me. I wanted them to speak out for freedom of literary expression because ‘Mount Halla’ is a literary work and not something that benefits the enemy. But no one came forward. At that time, they didn’t know who I was, so maybe they suspected that I was a real commie or had a resident espionage agent behind me.”

Probably, they thought it was a matter of a different level to defend someone who might be a real spy, not advocating for someone involved in the democratization movement.

“That’s right. In society at the time, being involved in espionage cases came at a harsh price, unlike being involved in the democratization movement. Then, lawyer Hong Seong-woo, who had initially refused to defend me, changed his mind and became my lawyer. After hearing about it, he might have thought that if he didn’t take the case, he would stain his reputation as an advocate for democratization.”

Looking at the court ruling, the first trial judge was Park Young-mu. The judge eventually accepted the prosecution’s indictment as it was and sentenced you to imprisonment. What was the key argument of the prosecution then?

“At first, they tried to indict me under the false charge of ‘forming an anti-state organization’ under the National Security Act. When it seemed impossible, the case was made that I ‘inspired others to praise’ Kim. Prosecutor Hwang Kyo-ahn said to me, ‘I will make you eat rice with beans forever,’ and he was especially excited to see my ‘Reason for Appeal’. I wrote ‘General Kim Il-sung’s Song’ in it. My defense counsel responded, ‘Are you out of your mind and want to get yourself killed?’”

[Lee Sang-ha’s “Reason for Appeal” contained General Kim Il-sung’s Song, throwing the prosecution and the court into utter chaos.]

 

Why did you write General Kim Il-sung’s song on the Reason for Appeal?

“It’s for freedom of expression and freedom of speech. The way I see it, it would be the ultimate freedom of expression and speech to be able to say, ‘Long Live Kim Il-sung’ or ‘General Kim Il-sung’s Song’. Anyway, not only the prosecution but also the court turned upside down because of my Reason for Appeal. So, Hwang Kyo-ahn investigated my case again to punish me more strongly. It was the American writer Susan Sontag who saved me at that time.”

Before and after the appellate court ruling, there were two big events in Korea. One was the 1988 Olympics and the other was the annual PEN Congress. Susan Sontag, the then president of PEN America, used the PEN Congress to pressure the Korean government.

“Yes. A committee to save my life was organized in the United States, and then in Europe and Japan. Susan Sontag filed a petition with Cheongwadae, but the response was not good. So, she appointed me as an honorary member of PEN America, where she was the chairman. Then she visited Seoul and said she would cancel the PEN Congress scheduled to be held in Seoul if the government refused to release me. She put more pressure on the government, saying that the 1988 Olympics would also face difficulties. At that time, she was named as the world’s most influential person by the Times. So, even conservative writers who wanted to host the international event came forward and urged them to release me. And Hwang Kyo-ahn couldn’t do any more harm to me.

At the end of last year, you filed for a retrial against the indictment for writing ‘Mount Halla’. Those who request a retrial usually claim that they only made a false confession because of torture and did not commit a crime, or that they were unfairly convicted because of poor investigation or manipulated evidence. For what purpose did you file a retrial?

“The espionage case is where evidence is manipulated when there is none. My case had something to be used as evidence; that is, ‘Mount Halla’. It’s just that the interpretation of the evidence was different. And now I am trying to correct that interpretation. What I argued through the poem was that Jeju 4·3 rejected the election, opposing the formation of the South Korean government alone in favor of creating a unified government. So, I thought that leaving me guilty would violate the purity of values reflected in Jeju 4·3.”

Then, I’d like to talk about what you have just mentioned. In the past, the military regime defined Jeju 4·3 as a riot or a communist riot, and those who said or wrote the opposite were punished or suppressed just as you experienced. In 2008 and 2018, which marked the 60th and the 70th anniversaries of Jeju 4·3, respectively, many people raised their voices over the proper naming of Jeju 4·3, claiming that we should now call it “Jeju 4·3 Resistance”. What are your opinions on the proper naming of Jeju 4·3?

“The so-called Gwangju 5·18 is referred to as the Gwangju Resistance, officially the May 18 Gwangju Democratization Movement. I would like to call 4·3 the April 3 Unification Movement or the April 3 Resistance for Unification.

What would you like to write about in the future?

“I’m planning to write about the Inhyeokdang incident. I chose the title ‘Camellia Flowers’.”

Let’s go eat beef together for dinner. I heard that you had colon cancer surgery last year. Will it be okay for a colon cancer patient to eat beef?

“I got much better now, so it is okay.”


10/25/2022 NewsRoom

Ex officio and special retrials for those wrongfully convicted related to Jeju 4·3

News Focus

Ex officio and special retrials for those wrongfully convicted related to Jeju 4·3

Song Eun-beom

Deputy Editor of Administrative and City Desk, The Hall Ilbo

 

[Those who served jail terms under false accusations due to unlawful trials during Jeju 4·3 cheer with joy after the court dismissed the indictments of seven decades ago during their collective retrial, which is deemed a de facto judgment of their innocence. (Jan. 17, 2019)]

At the time of Jeju 4·3, residents of Jeju province were brought to obviously-unlawful trial but were forced to remain silent for more than 70 years. (An estimated 2,530 people were convicted by court-martial ruling and 1,800 people by general court ruling.) Barely escaping death, they decided to shut their mouths tightly after witnessing many residents killed by the constabulary forces and out of fear that they themselves or their family members should be disadvantaged under the ferocious military regimes. It was 18 courageous convicts of courts-martial who broke years of silence. These victims of unlawful court rulings applied for a retrial with the Jeju District Court on April 19, 2017, with the oldest and the youngest of the plaintiffs aged 97 and 85, respectively, at the time.

Over their petition for retrial, not only the legal community but also local society expressed skepticism. This is because the reasons for retrial were not fully met as the facts based on which the indictments were made were not specified, while the retrial case was unprecedented in both in Korea and internationally. However, the situation was reversed during the hearing and trial process when the unlawfulness of the courts-martial were confirmed when the surviving victims vividly testified, one after another, that they had been “taken to prison without knowing the reasons”. To recall my memory of it, the 18 plaintiffs appeared in court in wheelchairs or were led by the hand by their family members. Some of them raised their hands during the trial as a signal to request to speak. The panel of judges also exchanged questions with the audience, reminding one of a place for a free debate, not a courtroom.

Finally, the judicial panel (Presiding Judge Jegal Chang) from the 2nd Criminal Court Chamber of the Jeju District Court, on Jan. 17, 2019, announced the judgement, which reads, “As innumerable people were collectively referred to trial by courts-martial in a short period of time, it is difficult to assume that the trial procedures were properly carried out, such as the preliminary examination of the cases and the delivery of certified copies of written indictments.” Based on this judgment, the court dismissed the indictments, which is deemed to have the de facto effect of an acquittal.

 

Door to request retrials now wide open

Following the court ruling to dismiss the indictments, other victims or victims’ family members also applied for retrial, which influenced the revision of the Special Act on Discovering the Truth of Jeju 4·3 and Restoring Honor to the Victims (hereinafter called “the Jeju 4·3 Special Act”). Eventually, the bill on the revision of the act was passed at the Cabinet meeting on March 16 of last year, containing a new clause that stipulates, “An ex officio retrial and a general retrial shall be conducted for the victims of Jeju 4·3-related unlawful courts-martial and general trials, respectively.” In brief, the clause specifies that for the victims of courts-martial, prosecutors may make an ex officio request for retrial at the court, while the victims of general trials are entitled to request retrial even if such a request fails to fulfil the requirements under Article 420 of the Criminal Procedures Act.

Subsequently, the Supreme Prosecutors’ Office launched the Joint Delegation of Recommendations for Ex Officio Retrial for the victims of courts-martial on Nov. 24 of last year. The Jeju District Court also newly established the Jeju 4·3 Tribunal for Retrial Cases on Feb. 21 of this year in preparation for the expected flood of requests for retrial by an estimated 3,000 or more victims of unlawful courts-martial or general court rulings.

As of May 9, the Joint Delegation of Recommendations for Ex Officio Retrial applied for a retrial of 160 victims, and the Jeju 4·3 Tribunal for Retrial Cases acquitted 113 convicts (80 victims of courts-martial and 33 victims of general trials).

Jang Chan-su, the first Presiding Judge of the Jeju 4·3 Tribunal for Retrial Cases, stated: “The special retrials in line with the revision of the Jeju 4·3 Special Act are the result of the determination of legislators who allowed an opportunity to request a retrial in consideration of the fact that as many years have passed since Jeju 4·3, it is difficult to collect materials required for requesting a retrial and the majority of the defendants have died or are still missing.”

“The Jeju 4·3 Tribunal for Retrial Cases will continue to conduct retrials in an objective and fair manner, taking into account the purpose of revising the Jeju 4·3 Special Act and the substantive truth and historical significance of Jeju 4·3,” he added.

 

Desperate need for relief measures for victims of unlawful general trials

Unlike courts-martial for which prosecutors search for victims and request a retrial, the victims of general trials or victims’ family members need to handle the procedures by themselves. For this reason, only a small number of victims of unlawful general trials requested a retrial. Aside from the hassle of having to individually appoint an attorney and request a retrial to the court, many of the victims are completely unaware that they are able to be subject to retrial.

Application for the special retrial concerning unlawful general trials can be made if the applicant was indicted and convicted concerning the “turbulence that took place in Jeju from March 1, 1947, to April 3, 1948, and the subsequent armed collision and the counterinsurgency operation that continued until Sept. 21, 1954”. The threshold was lowered, as the Jeju 4·3 Tribunal for Retrial Cases judged that retrials can be requested after considering the eligibility of the retrial court to judge the decisions that were made by the United States Army Military Government, the eligibility of unrecognized Jeju 4·3 victims to apply for a retrial, the eligibility of a victims’ nephews or nieces to request a retrial for the victim, and the absence of the written judgments.

 

Process of requesting retrial concerning unlawful general trials

I personally looked into the process of requesting a retrial for a younger brother of my grandmother (my lineal ascendant within the third degree, or my father’s uncle) who was determined to be a Jeju 4·3 victim. According to the written decision on his recognition as a Jeju 4·3 victim, my father’s uncle was arrested by the constabulary forces in the summer of 1948 when he was 18 years old, and then was taken to a prison on the Korean mainland where he went missing afterwards. First, I searched his name on the Internet and found a newspaper article about him which has been stored in the Jeju 4·3 Archive. The article reported that he was put to trial in Gwangju at 3 p.m. on Nov. 30, 1948, and was sentenced to three to five years of imprisonment, just as the prosecution requested. Based on the article, I asked the National Archives of Korea for related data by filing a petition for information disclosure. Three days later, I received the Criminal Case Register stating the dates of his arrest and indictment. However, the National Archives of Korea responded that no record was found regarding where he had been imprisoned. I asked the legal community if I am eligible to request a retrial for my father’s uncle, given the written decision on his recognition as a Jeju 4·3 victim, the newspaper article, and the Criminal Case Register. The answer was that I am fully eligible to make an application for his retrial. Currently, I am about to request a retrial, along with some 10 victims of unlawful general trials.

Our lawyer preparing for the retrial said: “A retrial can be requested under the Jeju 4·3 Special Act if there exist actual facts that a victim was tried, be it by a court-martial or in a general court. Although it would be good if the victim’s family finds material proof, the request for a retrial can be made through the legal community or a 4·3-related organization just due to the fact that the victim was tried. This is because the panel of judges or the prosecution requests data from the National Archives of Korea during the trial process.”

The Joint Delegation of Recommendations for Ex Officio Retrial handles the retrials of 2,530 people who are recorded as those that were convicted by court-martial rulings. The prosecutors organize the data related to the convicts, including their names in Chinese characters, age, occupation, place of family register, ruling, date of judgment, and sentencing. Then, they check with the Ministry of Public Administration and Security and the Jeju provincial government to determine whether the convicts are alive or are survived by family members, before making an ex officio request for their retrial to the court.