특별감찰보고서 - 증거B: 사법부에 보내는 부처 간 비망

HEADQUARTERS UNITED STATES ARMY MILITARY GOVERNMENT IN KOREA DEPARTMENT OF JUSTICE Inter-Office Memorandum SUBJECT: Prosecution of Communists in Cheju Do MEMO NO Date From To 1 15 Oct Gilliam Major (1) At request of the CCAO of Cheju Do, his Legal 1947 Connelly Officer discussed with me the question of criminal cases against prominent leftists. He reported that Pak Kyung Hun, former Provincial Governor, and others, who are members of Min Chok Chun Sun (Battle Line of the Nation), a leftist political party, were being prosecuted for (a) being members of this party and (b) for circulating for signature a petition to the US-USSR Joint Commission (2) I gave the Legal Officer the attached written suggestions. I also advised him that the petition in question was definitely communist party line stuff and that they should be very cautious in giving backing to those who circulated the petition, although they should, of course, not permit illegal persecution. (3) On 13 Oct., 1947, the Chief Judge of the Cheju District Court discussed this question at great length with me. He stated that, due to language difficulties, the Legal Officer did not get the whole story as to the prosecution of the leftists. The judge stated that the prosecution is for holding an unauthorized meeting and for falsely stating to persons whose signature they sought on the petition that the petition was approved by the police. He said the party was properly registered. I told the judge that he must be very careful not to persecute people merely because they were communists and that it was not illegal to belong to a properly registered party and not illegal to circulate a petition to the US-USSR Joint Commission. (4) The judge stated that the situation has grown very bad in Cheju Do, with the communist strength gaining. He stated that, while the former Provincial Governor Pak Kyung Hun, claims that his party is "middle of the road," it is actually a branch of the South Korea Labor Party. He feels that the CCAO (perhaps out of high regard for Pak, who had been an efficient public servant) is inclined to favor Pak's party and to believe his claim that it is "middle of the road." (5) The CCAO told me he was convinced that former governor Pak was actually a middle of the road man and one of the island's best citizens. (6) I am not clear as to what our obligation is, other than what I have already done. However, I got the impression from my talk with the Legal Officer that the MG officers are in danger of being misled by the claim that certain groups are middle of the road. The question is, should we suggest that CIC check and give them any necessary information. /s/ Richard D. Gilliam,Jr., /t/ RICHARD D. GILLIAM, JR., Assistant Adviser. 2 16 Oct 47 Justice OCA 1. This is a matter which may interest the Chief Adviser. EXHIBIT "B" DECLASSIFIED FOR THE ADVISER: /s/ Kurt M. Falk Authority NND 745070 /t/ Kurt M. Falk Assistant Adviser MEMO NO Date From To 3. 17 Oct OCA AMG I think a good OSI investigator would be preferable to CIC. For guidance of other CCAO's it might be a good plan to circularize the attached opinion of Justice. There is constant danger that the Korean right will make it "open season" ofr hunting and catching any or all of these political opponets. We must keep their activities strictly constitutional. /s/ E.J. Johnson 4. OSI investigated recently. Recommendation re circularizing of the attached memo approved. /s/ C.G.H. CERTIFIED TRUE COPY Lawrence A. Nelson LAWRENCE A. NELSON Lt. Col. TC 2 DECLASSIFIED Authority NND 745070