Reevaluating the 10.26 Incident: The Retrial of Kim Jae-gyu and Its Impact on South Korean History

One of the Most Controversial Events in Modern South Korean History: The ‘10.26 Incident’ and the Recent Court Decision

A South Korean court has decided to reopen the retrial of the late Kim Jae-gyu, the former director of the Korean Central Intelligence Agency (KCIA), bringing the 10.26 Incident back into legal and historical evaluation after 45 years. This retrial is not merely a reconsideration of a past event but a significant opportunity to reassess the fairness of the original trial and to determine whether Kim’s actions were truly an act of insurrectional murder or a resistance effort to restore democracy.

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🔍 What is the 10.26 Incident?

The 10.26 Incident refers to the assassination of President Park Chung-hee and Presidential Security Chief Cha Ji-chul by KCIA Director Kim Jae-gyu on October 26, 1979. This incident marked the end of the Yushin regime and brought about a significant shift in South Korea’s political landscape.

Following the assassination, Kim Jae-gyu was tried and convicted on charges of insurrectional murder, ultimately being executed in May 1980. At the time, the court ruled that his actions were not merely a political assassination but an attempt to overthrow the state, thus justifying the harshest sentence possible.

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🔥 Why is Kim Jae-gyu's retrial being reopened?

This retrial was initiated by Kim Jae-gyu’s family, who filed a petition for a retrial with the Seoul High Court in May 2020.

But why has the court decided to grant a retrial 45 years later?

1️⃣ Issues with the fairness of the original trial

Kim Jae-gyu’s former defense attorney, An Dong-il (84), has openly criticized the original trial, stating:

👉 "The trial at the time was not a trial, it was a farce."
👉 "Procedural justice was completely ignored."

According to his claims, the military regime at the time interfered in the legal proceedings, and judges did not act independently. Instead, prosecutors and judges allegedly received instructions from higher authorities in adjacent rooms during the trial.

If these allegations are proven true, they could serve as grounds for a retrial, as procedural violations undermine the legitimacy of the previous ruling.

2️⃣ Coercive investigation and irregular military tribunal procedures

The 1979 trial took place under a military court system governed by the military regime. Unlike civilian courts, military trials often lacked transparency and independence, raising suspicions of coercive investigation methods and unfair trial practices.

If evidence emerges that Kim Jae-gyu was subjected to undue pressure or irregular legal proceedings, his conviction could be challenged.

3️⃣ The need for a historical reevaluation of the 10.26 Incident

In his final statement, Kim Jae-gyu declared:

💬 "I did not carry out a revolution to become president."
💬 "The purpose of the 10.26 revolution was to restore democracy and prevent the suffering of the people."
💬 "The Yushin regime was not for the people but for President Park’s lifetime rule."

These statements suggest that Kim’s actions were not motivated by personal ambition or a coup, but rather by a desire to restore democracy.

This raises the fundamental question:
Did Kim Jae-gyu act as a revolutionary hero fighting against dictatorship, or was he merely an assassin driven by political motives?

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⚖️ Key Issues in the Retrial

As the retrial unfolds, several crucial issues will be debated:

✔ Was Kim Jae-gyu’s act truly "insurrectional murder," or was it an exercise of "resistance against tyranny" to restore democracy?
✔ Was the original trial fair? Were there procedural irregularities or coercion involved?
✔ Did the military tribunal conduct the trial in a just manner?

This retrial goes beyond simply re-examining Kim Jae-gyu’s legal responsibility. It represents an effort to reevaluate the 10.26 Incident as a whole and to reinterpret a pivotal moment in South Korea’s modern history.

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🚨 Potential Implications of the Retrial

Depending on the retrial’s outcome, Kim Jae-gyu’s historical legacy may undergo a significant transformation.

If major procedural flaws are uncovered in the original trial, it could lead to a nullification of his conviction.

📌 This could fundamentally change the way the 10.26 Incident is perceived.

Until now, the event has been officially classified as an insurrectional act of political assassination.
However, through this retrial, it might come to be recognized as a "revolutionary act for democracy."

Such a reinterpretation would have profound effects not only on the historical assessment of the Park Chung-hee regime and the Yushin system but also on the political discourse in modern South Korea.

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✍️ Conclusion

After 45 years, the retrial of Kim Jae-gyu has the potential to become a turning point in South Korean history.

The trial is expected to serve as an opportunity to correct past judicial errors and to ensure a more accurate and fair evaluation of the 10.26 Incident.

💬 What do you think about the court’s decision to reopen the retrial?
💬 Do you believe Kim Jae-gyu’s actions were a case of "insurrectional murder," or was he exercising the right to resist for the sake of democracy?