Sewol ferry records dispute

[Anchor]

There has been a legal dispute for over seven years regarding the disclosure of documents produced by the Presidential Secretariat on the day of the Sewol ferry disaster.

In 2019, the appellate court ruled that the decision by the head of the Presidential Archives to keep the documents confidential was justified.

Today (1.9), the Supreme Court sent the case back to the original court for further review.

Kim Tae-hoon reports.

[Report]

Items and documents used by former President Park Geun-hye are being transferred to the Presidential Archives.

These were designated as presidential records by then-acting President Hwang Kyo-ahn.

Attorney Song Gi-ho, affiliated with the Minbyun (Lawyers for a Democratic Society), requested the disclosure of documents produced by the Presidential Secretariat on the day of the Sewol ferry disaster.

However, the Presidential Archives refused the request, citing a legal provision that states presidential designated records cannot be accessed for up to 15 years without the consent of the National Assembly and a court warrant.

In response, Attorney Song filed a lawsuit in June 2017.

The first-instance court ruled in favor of Attorney Song, stating, "Even the president cannot designate presidential records without any restrictions," and that only records meeting certain criteria should be designated.

However, the appellate court determined that the head of the Presidential Archives did not need to prove the legality of the confidentiality decision, deeming it justified.

After nearly six years of hearings, the Supreme Court overturned the appellate court's conclusion today.

The Supreme Court stated, "It should have been examined whether the president's act of setting a protection period was lawful," and sent the case back to the Seoul High Court.

[Kim Jeong-hoon/Supreme Court Public Relations Research Officer: "Even if a president’s action is recognized as having significant discretion, if it is based on laws enacted by the National Assembly, it cannot be exempt from judicial review."]

As a result, the Seoul High Court is expected to begin a new review regarding the circumstances under which the Sewol-related documents were designated as presidential records.

KBS News, Kim Tae-hoon.