S. Korea Passes Law Easing Prosecution of Ex-Leaders : Justice: Measure lifts statute of limitations for 1980 slayings. But previous laws will be used instead to avoid constitutional issue.

SEOUL —  A law requested by President Kim Young Sam that lifts the statute of limitations on the punishment of two former presidents and their military cronies for a 1980 massacre of pro-democracy protesters won parliamentary approval Tuesday.

Former President Chun Doo Hwan, 64, is already imprisoned on insurrection charges for a 1979 mutiny, and former President Roh Tae Woo, 63, is in jail facing bribery charges.

The two men, both former generals, now are expected to face indictment for a brutal crackdown in the southwestern city of Kwangju in May 1980. The crackdown consolidated Chun’s hold on power at the price of at least 240 lives--and, some say, perhaps as many as 1,000.

Prosecutors said Tuesday that at least initially, however, they intend to press forward with legal action against Chun and Roh under previously existing law, rather than use the new legislation against the former presidents.

Roh played a key role assisting Chun in the 1979 mutiny, which established Chun’s control of the army. Chun was president from 1980 to 1988, then was succeeded by Roh, who held office until 1993.

The greater effect of the special law may be in opening a path for prosecution of key allies of Chun and Roh in their grab for power. Prosecutors said they would begin today to summon for questioning 53 individuals implicated with Chun and Roh in the mutiny and massacre. Chosun Ilbo, a leading daily newspaper, predicted that at least 10 of them would be arrested by the end of January.

The special “May 18” law, named after the date the Kwangju uprising began, passed the National Assembly on a 225-20 vote, with two abstentions. Some members of the ruling New Korea Party who have close ties to Chun and Roh stayed away from parliament for the vote.

The law lifts South Korea’s 15-year statute of limitations on “crimes of disrupting the constitution” that allegedly occurred in connection with the mutiny on Dec. 12, 1979, the dissolution of the National Assembly on May 17, 1980, and the killings in Kwangju, which began the next day. President Kim has justified lifting of the statute of limitations on the grounds that “obstacles” existed to prosecution of the guilty until Roh left the presidency on Feb. 25, 1993.

The law is expected to be challenged, however, as unconstitutionally retroactive.

In order to avoid legal delays in the prosecution of Chun and Roh as a result of such constitutional challenges, prosecutors said they will move forward against the former presidents under existing law. This is possible, they said Tuesday, because nationwide martial law was in effect from May 17, 1980, to Jan. 24, 1981. The statute of limitations for Chun and Roh in connection with the Kwangju massacre should run for 15 years starting from the lifting of martial law, they said.

Approval of the law came late in the final day of the National Assembly’s regular 100-day session, after intense negotiations between the ruling New Korea Party and the main opposition National Congress for New Politics.

The opposition agreed to drop a demand that the law include provisions for a special prosecutor. The ruling party in turn agreed to several opposition demands: an offer of new trials to protesters convicted of crimes in the Kwangju incident; the launching of projects to honor the Kwangju demonstrators, and nullification of citations of merit that were given to army officers who helped crush the Kwangju uprising.

Passage of the law marks “a historic rendering of punishment for disruption of the constitution,” said the newspaper Hankyoreh Shinmun. “For the first time in our history, we have been able to eradicate past legacies without the shedding of blood.”

The newspaper warned, however, that “this law should not be used by political parties for their partisan interests.”

“We reiterate that the May 18 special law is the people’s victory,” it said.

Passage of the law came as Chun’s health continued to deteriorate due to a hunger strike. Chun has refused all solid food since his arrest Dec. 3, consuming some milk in the first few days and since then only barley tea and water. Authorities have said they may soon move him to a hospital.

The exact status of Chun’s health was not clear. Yonhap News Agency quoted Chun’s son, Chun Jae Kuk, as stating: “Since he has not been eating for so long, his eyes and ears have gone weak and he is unable to read, and his voice is also very weak.”

The Korea Herald, however, quoted unnamed officials at the Justice Ministry and Anyang Prison, where Chun is being held, as stating that Chun appeared to be in stable condition, going about his morning activities as usual.