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Members of the Korean Confederation of Trade Unions chant slogans condemning union president Han Sang-gyun’s three-year prison sentence and fine of 500

An appeal court sentenced Korean Confederation of Trade Unions (KCTU) president Han Sang-kyun to three years in prison for leading a popular indignation rally on Nov. 14 of last year and other demonstrations.

The sentence was reduced from the five years handed down by the court in Han’s first trial.

Judge Lee Sang-ju of the 2nd criminal division of Seoul High Court overturned Han‘s five-year sentence from his first trial and sentenced him to three years in prison and a fine of 500,000 won (US$430). Han was arrested for organizing illegal actions at 13 demonstrations, including the popular indignation rally.

The chief reason for the lighter sentence than the first trial appears to have been the appeal court’s decision to exonerate Han on some of the charges in his indictment, including accusations of obstruction of performance of special duties.

“[The wounds to the police officer claiming injury] were not serious enough to require medical care, and it cannot be concluded that his state of health was infringed upon,” the court said on Dec. 13.

“While the circumstances of the victim’s injuries and court testimony indicate that he was incapacitated by breathing difficulties, the fact that he only received X-rays and returned to normal life without any particular treatment indicate that he cannot be seen as having been injured,” the court concluded.

The court was also influenced by the peaceful practices seen in recent demonstrations denouncing President Park Geun-hye.

“At a time like the present when a peaceful culture of assemblies and demonstrations is taking root, punishment [of the defendant] with a long sentence would seem inconsistent with the aim of ensuring such peaceful assemblies and demonstration,” it explained as a reason for its decision on Han’s sentence.

But the court’s decision did not change from the first trial court’s position that Han planned illegal demonstrations on major thoroughfares in central without police permission and bore responsibility as organizer for acts of violence by individual participants. The court also ruled that the police’s establishment of a vehicle barricade and demonstration ban, both areas of contention, did not violate the law.

“The defendant made no effort to organize a peaceful demonstration, and even directly and indirectly instigated clashes with police and furnished rope and a ladder for the vehicle barricade,” the court said.

“Illegal and violent clashes cannot be tolerated in this society for any reason. Corresponding punishment for those actions is inevitable,” it added.

Han’s trial drew major interest for being the first heavy sentence from a court against a popular demonstration organizer since South Korea‘s democratization in 1987. The appeal court sentencing hearing on Dec. 13 was observed by representatives of the human rights group Amnesty International.

“Han Sang-gyun should not be held criminally responsible for violent acts taken by a small number of individuals, simply because he was one of the organizers of protests that were largely peaceful,” said Roseann Rife, Amnesty International’s East Asia Research Director.

“His prosecution and upheld conviction underlines the authorities’ intolerance of the right to peaceful assembly.”

Heo Jae-hyun, staff reporter

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