CONFIDENTIAL
Classification
Control:
Recd: 23 OCT 11:30pm 1960
FROM: DEPARTMENT
PREC: ROUTINE
NR: 371
DATE: 21 OCT 1960, 8 p.m.
SENT SEOUL 371 RPTD INFO CINCPAC FOR POLAD UNN
Seoul 476.
Department informed that constitutional amendment proposal to enable ex post facto laws for punishment "traitors of democracy” has evoked Seoul press speculation that crimes as far back as 1952 may come within purview proposed laws.
ROK may consider prospective method of dealing with offenders in connection March 15 election irregularities necessary in light public reaction to generally light court sentences given offenders. However any extended or sweeping application of being ex post facto law appears certain to be regarded by outside world as contrary to principles of fairness generally accepted by civilized countries and to place ROK in bad light internationally. Precisely because of our friendship for Korea and our sympathy for trials and tribulations Korean people and their leaders have gone through, we feel strongly that law of this indefinite ex post facto type may force Korean politicians and public to focus own attack and defense in connection past events rather than on action to solve pressing current national problems and essential plans for future progress. If this happens we cannot help but feel result will be substantial disservice to development of ROK.
Charge instructed (1) express informally to PRIMIN concern of USG over use of ex post facto laws which contrary modern concepts of justice and difficult to justify, especially when ROKG seeking to establish compatibility its judicial system with that of US and other free nations, and further concern that sweeping application such laws over ill-defined range of time and situations certain to have adverse effect on ROK economic progress; (2) Suggest informally that PRIMIN may wish use influence to ensure phrasing of laws to provide narrowest possible application and minimum possible period during which charges can be brought under laws (on assumption normal criminal procedures adequate for all except most notorious cases). In this way necessary concessions can be made to public opinion without prolonged political and economic confusion. Failure include such safeguards will result in strong adverse reaction in US as well as delay execution of essential reforms for which US currently offering economic support.
Ambassador consure.
HERTER