hankyoreh

May 23

By Lee Kyung-mi, staff reporter

A court has ruled a socialist organization that was working to set up a socialist state through electoral means not guilty on charges of violating the National Security Law (NLS). The prosecutors had charged the group with intending to carry out an insurrection. Critics are accusing the prosecutors of having gone too far in charging a group that was trying to pursue socialist goals through legal and non-violent means with violating the NLS.

On Sep. 12, the 28th criminal division of the Seoul Central District Court (Justice Kim Jong-ho presiding) ruled Seong, 55, and three other leaders of the Alliance for the Liberation of Labor were innocent of the charges. The four leaders had been indicted without detention on charges of violating the NLS by creating an anti-government organization.

The leaders set up the group in 2005 and since then have engaged in various activities, including giving lectures. Group members had argued that the only way that people can live a decent life is by overcoming capitalism and creating a socialist state. They had also said that the working class must seize power.

In 2012, prosecutors indicted the four on charges of creating an enemy organization, claiming that they were “indirectly calling for a violent revolution.” They asked the court to sentence Seong and two other figures to seven years in prison and to sentence the other defendant to five years in prison.

But the court concluded that, even if the group had called for a socialist revolution based on the Marxist theory of class conflict, it is difficult to conclude from what they actually said that they were completely disavowing the national electoral and legislative systems. The court also found that there was no manifest evidence that the group had even argued for a violent revolution or an armed rebellion against the state.

The court also drew attention to other evidence supporting the defendants in returning the verdict of not guilty. It noted that the group had clearly stated its belief in the necessity of creating a socialist party to gain power through the elections in order to build a state for workers and that they had been very open about their main activities. It also pointed out that the group had taken a critical stance on socialist systems such as those in the former Soviet Union and North Korea, referring to them as “unlawful, totalitarian and barbaric.”

“It is obvious that, based on the this evidence alone, it cannot be inferred that the defendants were urging people to engage in an armed rebellion against the state through violent means and create a new government. Neither were they praising or instigating anyone with such a motivation,” the court ruled. “Furthermore, it is difficult to say that the prosecutors have sufficiently demonstrated that there was an actual risk that the actions and statements of the defendants could have a negative influence on the democratic foundation of society.”

“Suppose that, on a superficial level, the group’s ideology can be said to be inconsistent with the survival and safety of the country and its democratic foundation,” the court ruled. “Despite this, it is also possible that, from another perspective, their ideology could draw attention to contradictions in society, condemn the illegal and unjust use of public power, advocate for the rights of minorities and vulnerable members of society, and serve to preserve social balance and stability by helping society act to accomplish these goals.”

“It is inevitable for the National Security Law to restrict freedom of expression, which our constitution defines as a basic right of the people. It is necessary to recall that, if minorities are given no way to express their will when the will and authority of the community are being formed, this can in some circumstances result in a tyranny of the majority and oppression of the minority, leading ultimately to a denial of democracy itself,” the court said.

“For a long time, the security establishment has openly prosecuted socialist activists, but they are behind the times,” the Alliance for the Liberation of Labor said in a press conference. “This court decision represents the first step toward the legalization of socialist activity. We will continue to strive to increase the scope of freedom of thought and to find a viable alternative to capitalism.”

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