A Seoul court has acquitted South Korea’s oldest living independence fighter of sympathizing with North Korea, overturning a 49-year-old conviction.

Along with four other members of his now-defunct Unification Society Party, Gu Ik-gyun, 103, was convicted of supporting the North by opposing the then anti-communist law and espousing “ideologically neutral reunification.”

Gu was given a suspended sentence as the court took into account his previous fight against Japan’s colonial rule (1910-45) of the Korean Peninsula. The others were given jail terms of up to 15 years.

“His opposition to the anti-communist law can be seen as an activity allowed within the constitutionally-guaranteed fundamental civil rights such as freedom of expression,” said Kim Yong-seob, the judge presiding over the Seoul High Court retrial. “It cannot be seen that they incited others to join activities that could serve the purpose of the North Korean regime, while they were aware that the activities would benefit the North.”

Born in North Pyongan Province in North Korea in 1908, he served as chief secretary for Ahn Chang-ho, one of the most well-known independence fighters during Japan’s occupation here.

After Korea was liberated from Japan in 1945, he worked in trade, construction and mining businesses. In 1960, he entered politics becoming financial chief of the USP. In March 1961, the government enacted anti-communist laws and cracked down on large protests on the pretext of “strengthening anti-communism posture and forestalling social confusion.”

The USP members strongly opposed the enactment of the laws, a move the government regarded as favoring the North. In February 1962, they were convicted.

“We feel relieved that he was cleared of the wrong charges, though the ruling exonerating them came after most of those who served prison terms unfairly had died,” Lee Deok-woo, Gu’s lawyer, told media.

By Song Sang-ho (sshluck@heraldcorp.com)