Father and daughter cleared in cyanide murder case

A retrial in the 2009 “cyanide makgeolli murder” case ended in acquittal on Oct. 28. Prosecutors had previously concluded that a father and daughter conspired to poison the mother.

Mr. Baek and his daughter were sentenced to life and 20 years in prison, respectively. They spent 15 years behind bars before being released last year after the court approved a retrial. After the acquittal, the daughter said she wanted to tell prosecutors and investigators that the case had been mishandled.

Mr. Baek is nearly illiterate, and his daughter has borderline intelligence, making independent social life difficult. The court criticized prosecutors for ignoring their vulnerabilities and obtaining false confessions through coercion and leading questions, without informing them of their right to remain silent. Baek’s lawyer said the statements were altered to suggest guilt, and denials were met with aggressive questioning. The prosecution prioritized performance over its duty to protect human rights and uphold due process.

The prosecution’s claim that Mr. Baek obtained the makgeolli and cyanide was also flawed. Prosecutors initially said he bought the makgeolli at a restaurant, but they did not submit CCTV footage showing he never visited the location. A friend alleged to have received cyanide from Baek testified in court that they had never seen it. The court said the case went beyond coercion and involved fabrication.

Distorting evidence to frame someone is a serious crime that undermines public trust in government. However, the seven-year statute of limitations for abuse of power has expired, making it difficult to prosecute the responsible prosecutor. The prosecutor, who left office after being dismissed for accepting gifts from other case parties, could not be disciplined. Similarly, officials involved in the retrial of the “Nara Super Trio robbery and manslaughter” case escaped responsibility for the same reason. Experts say eliminating the statute of limitations for illegal investigations is necessary to hold perpetrators accountable.