Why was Choi Mal-ja’s self-defence ruling overturned after 61 years?

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Choi Mal-ja's Self-Defence Ruling Overturned After 61 Years Due to Reclassification as Justifiable Self-Defence

A South Korean court overturned Choi Mal-ja's 1965 conviction on Wednesday, 61 years after her original sentencing, ruling that her actions in biting off 1.5 cm of her attacker's tongue in 1964 constituted justifiable self-defence. The Busan District Court's decision reclassified her actions as an attempt to escape an unjust infringement on her bodily integrity and sexual self-determination, reversing the initial verdict that found she had exceeded the reasonable bounds of legally permissible self-defence. This landmark retrial gained significant momentum following the global #MeToo movement, which inspired Choi to seek justice after decades of living with a criminal conviction for defending herself against sexual violence.
Justifiable Self-Defence Re-evaluation

The Busan District Court's ruling in 2024 explicitly stated that Choi Mal-ja's actions in 1964 were justifiable self-defence under South Korean law. This re-evaluation acknowledged that her biting off part of her attacker's tongue was a necessary response to escape an unjust infringement on her bodily integrity and sexual self-determination. This directly contrasts with the 1965 verdict, which had determined that her response had gone beyond the scope of what was legally permissible for self-defence.
Impact of the #MeToo Movement

Choi Mal-ja's pursuit of a retrial gained substantial traction and public support after the #MeToo movement gained global prominence in 2017. Inspired by the broader movement advocating for victims of sexual violence and misconduct, Choi felt empowered to challenge her long-standing conviction. This wave of activism created an environment more receptive to re-examining past cases where victims were treated as perpetrators.
Legal Process Leading to Retrial

The path to overturning Choi Mal-ja's conviction was a lengthy legal process. She initially filed for a retrial in 2020, but lower courts rejected her petition. However, after years of persistent campaigning by her legal team and supporters, South Korea's top court ordered a retrial in 2024, paving the way for Wednesday's acquittal and the reclassification of her actions.
Seeking State Compensation

Following her acquittal, Choi Mal-ja's lawyers announced their intention to seek compensation from the state. This claim is based on the damages and hardships she endured due to her conviction for grievous bodily harm, a sentence that was suspended for two years in 1965. The compensation would address the injustice of being convicted for an act of self-preservation.

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Why was Choi Mal-ja’s self-defence ruling overturned after 61 years?

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