The Kwangju massacre in South Korea not only represents the civilian struggle against an authoritarian regime, but also facilitated the Korean democratization in the 1980s and 90s. The Korean National Assembly passed a special law which discloses the facts about this incident and punishes the perpetrators on December 21, 1995. Although the critics to the Act asserted that it was unconstitutional because it is retroactive legislation, the Court upheld the constitutionality of the Act. As a result, former President Chun Doo-hwan was sentenced to life imprisonment and ex-President Roh Tae-woo was imprisoned for seventeen years. Several legal questions, however, remained unanswered by the ruling of the Court. Was the Act retroactive and, therefore, unconstitutional? Secondly, when does the statute of limitations run for prosecution to enforce the Act? This note analyzes the opinions of the justices and the final decision of the Court. It also discusses the relationship between the decision of the Court and its social and political context. Finally, this note addresses the influence of the decision. This note argues the Korean Constitutional Court made progress in revealing the truth about the evil past and opened the door for further prosecution and legal action. The decisions of the Court also influenced related legislation. It gave a sound legal foundation for further legal action to rectify the wrongs of the previous authoritarian administrations and brought a system of justice to the civil society.

Kwangju Massacre; Transitional Justice; Retroactive Legislation; Democratization