He was executed for killing the nation's president. 45 years later, his case is being tried again. Why now?

South Korea starts retrial of Kim Jae-gyu, assassin of president Park Chung-hee: In 1980, Kim Jae-gyu, the high-profile spy chief of South Korea, was executed for assassinating the Asian nation's president Park Chung-hee. Park's assassination was a pivotal moment in South Korea’s modern history, abruptly ending his authoritarian rule and triggering a military coup. Now, after 45 years, Kim's case is being re-examined, with the retrial having started on Wednesday (July 16). What really happened in the tumultuous democratic history of South Korea? Why is the retrial of a case, whose main accused had died four decades ago, taking place now?

What happened in South Korea in 1979?

On 26 October 1979, South Korean President Park Chung-hee was assassinated by his longtime associate and friend Kim Jae-gyu, who at the time was heading the notorious Korean Central Intelligence Agency (KCIA). Park was killed during a private dinner attended by senior officials. Kim was also accused of ordering the killing of members of the president's security team.
Kim was arrested, tried in a military court under martial law, convicted of insurrection, and executed in 1980.

Did Kim kill South Korean president for a good reason?

Kim's defence team argued that he was trying to prevent further bloodshed and chaos under Park's authoritarian rule, and acted to force a democratic transition. But prosecutors argued he was attempting a coup.

Why is presidential assassination case of South Korea reopened 46 years later?

The case reopened in the Seoul High Court following arguments that the military trial under martial law was flawed. The defence was not allowed to record proceedings, and there is evidence that Kim and others were tortured, argued his supporters.

In February 2024, the court accepted this argument, granting the retrial.
The new trial will also re-examine the legal definition of 'insurrection', as Kim’s defence argued that he did not seize constitutional institutions or attempt to do so. This, in essence, made the original conviction invalid.
Kim’s family, particularly his sister, has campaigned for decades to clear his name. After the fall from power of Park Chung-hee’s daughter and former president Park Geun-hye in 2017, the slow clamour began for reevaluating both Park’s legacy and Kim’s motives.

Kim, a criminal or a revolutionary?

The retrial is part of a broader historical reassessment of South Korea’s authoritarian era. In essence, it will examine whether economic success justified political repression, and whether what Kim did was a criminal or revolutionary act.

The retrial coincides with the impeachment and upcoming trial of former President Yoon Suk Yeol for allegedly ordering martial law, conditions similar to the times when Kim was tried and executed.