In August 2013, South Korea's spy agency, the National Intelligence Service (NIS), accused , a lawmaker from the leftist Unified Progressive Party (UPP), of plotting to overthrow the country's government if war broke out with North Korea. He was alleged by NIS to have led a secret meeting in May 2013 of 130 members of his party aimed at attacking South Korean infrastructure if the heightened tensions between Koreas in the spring of 2013 had led to war.
After further investigation, on 26 September 2013, South Korean prosecutors indicted Lee Seok-ki on charges that he was plotting a pro-North Korea rebellion to overthrow the government, saying his plan posed a "grave" national security threat. On 17 February 2014, he was sentenced to 12 years of prison by a district court although the sentence was reduced to 9 years by the Seoul High Court upon appeal, which was upheld by South Korea's Supreme Court.
On 3 November 2014, following Lee's initial conviction, the government of President Park Geun-hye asked the Constitutional Court of South Korea to disband the UPP. The Constitutional Court disbanded the party on 18 December 2014 and stripped Lee and four other lawmakers of their seats in the National Assembly.
Investigation and legal proceedings
The National Intelligence Service's (NIS) investigation "The National Intelligence Service carried out detailed investigations into this case for the past three years and confirmed Representative Lee Seok-ki is suspected of assisting the national enemy and conspiring in a rebellion based on various evidences, such as the testimony of witnesses, the comments Lee made at several secret meetings, confiscated documents and some other materials contained in USB devices," Justice Minister Hwang Kyo-an said during a speech at the National Assembly on 4 September 2013.
The 10 major suspects who had been investigated by NIS are Lee Seok-ki (a lawmaker of the UPP), Woo Wi-young (an ex-spokesman of the UPP), Kim Hong-ryul (the Gyeonggi provincial chairman of the UPP), Kim Keun-rae (a Gyeonggi provincial vice chairman of the UPP), Hong Soon-seok (a Gyeonggi provincial vice chairman of the UPP), Lee Sang-ho (an adviser of Gyeonggi Alliance for Progressive Movement), Lee Young-chun (a Gyeonggi-Paju branch manager of Korean Confederation of Trade Union), Jo Yang-won (the representative of Social Trend Institute), Han Dong-geun (a former Suwon chairman of the UPP), Park Min-jung (a former youth chairman of the UPP). NIS had acquired court approvals for wiretapping and had been collecting a wide range of evidence by closely monitoring the secret meetings of Lee Seok-ki and his colleagues. The NIS is said to have secured recordings of Lee's speech at a meeting of the East Gyeonggi Coalition, the mainstream faction of the UPP.
The NIS investigation focuses on "Revolutionary Organization (RO)," the true nature of which was first informed by an internal whistle blower of the UPP. He, identified only as 40-year-old Mr. Yi, is known to have been one of the core members of the insurgent group. Reports said Mr. Yi had been disappointed by North Korean submarine attack on a South Korean corvette "Cheonanham" in March 2010, and the RO's unconditional loyalty to North Korean regime, and he finally decided to reveal the treason plot and get a 'new life.' He allegedly handed in a USB drive containing the RO's doctrine and goal, members' activities, and materials for ideological study. The NIS was reported to have said that Mr. Yi's statements coincide largely with what was found from the subsequent probe.
On 17 September 2013, the NIS searched and seized the houses of five people: Hong Sung-gyu (spokesman for the UPP), Kim Yang-hyun (Pyeongtaek chairman of the UPP), Kim Seok-young (Ansan Sangrok Gap area chairman of the UPP), Choi Jin-seon (the representative of Hwasung Center for Labour and Human Rights), Yoon Yong-bae (chairman of the organizing committee of the Korea Alliance for Progressive Movements).
On 24 September 2013, the NIS additionally searched and seized the office of Ahn So-hee, a member of Paju city council, for violating the National Security Act.
Arrest, search, and seizure On 28 August 2013, agents from the National Intelligence Service raided the homes and offices of an opposition lawmaker, Lee Seok-ki, and other members of a far-left opposition party, detaining three of them on charges of plotting to overthrow the government.
The three persons detained were Hong Soon-seok, a Gyeonggi provincial vice chairman of the UPP; Han Dong-geun, a former Suwon chairman of the UPP; and Lee Sang-ho, an adviser of Gyeonggi Alliance for Progressive Movement. And a total of 14 have been banned from leaving the country.
The NIS agents, who raided Lee Seok-ki's office in the National Assembly with the warrant at 8:10 am, faced resistance of Lee's aides and were able to enter the office only after 20 minutes of struggle. But inside the office, Lee Seok-ki's fellow lawmakers including Kim Mi-hee blocked the door of another Lee's office room until 3:00 pm. Ahead of the raid, Lee's aides are alleged to have shredded documents of unknown content.
Lee Seok-ki was said to appear at 6:58 am, 28 August at his studio apartment at Mapo District, the western part of Seoul, disguised and wearing a cap, and ran away in a cab as soon as he found his place was being searched by investigators. He showed up at the National Assembly Building on the next day with the suspicion that he had already destroyed important evidence. Investigators allegedly seized 57 letters of vowing loyalty to Lee Seok-ki, tap detection equipment, and 91 million won worth of bank notes (approx. $82,700 USD)).
The National Assembly's approval for arrest On 2 September 2013, South Korea's National Assembly received the government's arrest motion for lawmaker Lee Seok-ki, signed by President Park Geun-hye. According to the Korean National Assembly Act, the arrest motion should be decided by vote in the plenary session 24 hours after and within 72 hours from the report of the motion. Kang Chang-hee, the speaker of the National Assembly, submitted the proposal of opening plenary session from 2 September to 10 December and put it to a vote, which was the preliminary procedure to pass the arrest motion. The proposal was passed with 255 in favor, 2 against, and 7 abstentions. Kim Mi-hee and Kim Jae-yeon from the UPP opposed the proposal. Seven abstainers, all of whom were from the opposition Democratic Party, were Moon Jae-in, Lee In-young, Kim Yong-ik, Do Jong-hwan, Yu Sung-yeop, Eun Soo-mi, and Lim Soo-kyung. Lee Seok-ki didn't participate in the vote at all.
On 4 September 2013, the South Korean National Assembly overwhelmingly passed a proposal that would lift Lee Seok-ki's legislative immunity against arrest. It is believed to be the first time the assembly has passed such a motion over rebellion charges. The vote was 258 in favor and 14 against, with 11 abstentions and 6 invalid. After the vote the Suwon District Court issued a warrant against Lee Seok-ki, and the arrest was made by the National Intelligent Service in a speedy manner. In executing the warrant at Lee's office in the National Assembly, NIS investigators had nearly an hour-long confrontation with vehemently-resisting UPP members who blocked the path to Lee's Office.
Prior to the National Assembly's vote, Justice Minister Hwang Kyo-an attended the session and explained the reasons of filing the arrest motion against Lee. "Lee Seok-ki organized and led the Revolutionary Organization (RO), a rebel group, the purpose of which was to revolutionize South Korean society with Juche, the guiding ideology of the North Korean state. He plotted a pro-North rebellion by instigating the RO members to make physical and military preparation for war between North and South Korea, and by drawing up riot plans such as destroying the nation's infrastructure.
Minister Hwang declared that Lee Seok-ki committed following three crimes:
1. Rebellion conspiracy: A collusion and an agreement between two or more persons on plans and contents of rebellion crime. According to the judicial precedent of the Supreme Court of Korea, it does not require that a detail plan of action must be conspired to constitute an offense. 2. Instigation of rebellion: Any word or action that promotes or stimulates to commit insurgency. 3. Benefiting enemy, the offense under National Security Act: To praise, inspire, propagate or conform to the activities of anti-government organization while knowing that such an act endangers national security or free democratic basic order.
According to Minister Hwang, the Prosecutor's Office made a decision that Lee Seok-ki and his followers' crime is a clear danger and defiance to the free democratic basic order of the Republic of Korea, after a close analysis of the evidence. Prosecutors also said there are enough grounds for imprisonment of Lee Seok-ki and his accomplices, considering the following facts. The members of RO, a rebellion group, abided by the rules of organizational security. Under the rules they planned and executed detailed security principles and guidelines, such as destroying evidences. It was highly possible for the criminals to obstruct the investigators' activities of identifying the true nature of the RO.
Criminal charges and suspicion Lee Seok-ki allegedly called on his colleagues to prepare to conduct a "speedy war" against the South Korean government should Pyongyang issue an order to attack, according to a transcript of his address during their secret meeting in May 2013. Lee, of the minor opposition Unified Progressive Party, was accused of forming an underground pro-North Korean organization and plotting and instigating an armed revolt. The group, known as "RO" is thought to have been formed within the East Gyeonggi Coalition and have around 130 members. The East Gyeonggi Coalition is a left-leaning political group that backs Lee.
According to the request for Lee Seok-ki's arrest submitted to the National Assembly on 2 September 2013, Lee claimed at a meeting of the group in May 2013 that North Korea had effectively declared war and that they should prepare an offensive. "As of 5 March, the North Korean People's Army command declared the armistice agreement invalid. Scrapping the armistice agreement means war. Let's prepare for war throughout the country," Lee is quoted as saying. Lee Seok-ki is also alleged to have called on his "comrades" to collaborate to show "limitless creative thinking" in their attacks. Lee also allegedly told the attendants of his supporters' rally in March 2012 that the National Assembly would become the "frontline for class strife," and that the current political environment would lead to separation of "revolutionary and anti-revolutionary forces."
Lee Seok-ki was reported to have said that the current bipartisan system in South Korea was a result of American colonists' strategy to divide and control South Korea. At a secret meeting held in August 2012 near Seoul area, Lee presented the plan to 'seize power' by making his party the largest opposition party through the 2014 local election and the 2016 general election, and by finally winning the presidential election in 2017.
The RO group allegedly discussed details of how to make preparations to strike the South Korean government and the U.S. military, such as by incapacitating internet networks and infrastructure for oil and gas supplies and other major logistical facilities in the Seoul area.
Specifically, they are known to have conspired to destroy the Hye-hwa branch of Korea Telecom Corporation, the Internet Data Center in Bundang, and the Pyeongtaek distribution base.