▲ Former Marine Corps 1st Division Commander Im Sung-geun attends a session at the independent counsel team led by Lee Myung-hyun to observe a forensic examination in Seocho-gu, Seoul, on the 28th.
Former Marine Corps 1st Division Commander Im Sung-geun, identified as responsible for the death of Corporal Chae Su-geun, has been finalized with a three-year prison sentence approximately three years after the accident.
The Supreme Court's First Division (presiding Justice Shin Sook-hee) finalized the lower court's ruling against the former division commander, who was indicted on charges of professional negligence resulting in death and injury, as well as violation of orders under the Military Criminal Act.
This comes 1,196 days after Corporal Chae's fatal accident on July 19, 2023.
The prison sentences of one year and six months for Park Sang-hyun, former commander of the 7th Brigade who oversaw the flood recovery site, and Choi Jin-gyu, former commander of the 11th Artillery Battalion, along with an eight-month prison sentence suspended for two years for Jang Mo, former head of the headquarters company of the 7th Artillery Battalion, were all upheld.
The Corporal Chae tragedy occurred on July 19, 2023, when Marine Corps members deployed to a flood recovery site in Yecheon-gun, North Gyeongsang Province, were conducting a search operation for missing persons, during which the riverbed collapsed, causing Corporal Chae to drown and other Marines to sustain injuries.
Former Commander Im and others were indicted in November of last year by the independent counsel team led by Lee Myung-hyun for failing to fulfill their duty of care, such as ordering underwater search operations without providing safety equipment like life vests.
According to the independent counsel's investigation, they issued specific search instructions—such as grid searches, moving down to the water's edge to poke at the water, and securing chest waders—which led to the hazardous underwater search.
The independent counsel team had sought a five-year prison sentence for former Commander Im and prison terms ranging from one year to two years and six months for the other defendants.
In May of this year, the first-instance court recognized the causal relationship between former Commander Im's negligence and the accident, sentencing him to three years in prison.
The first-instance tribunal pointed out, "The defendant's orders increased the risks, and despite knowing about the underwater search, he failed to fulfill his occupational duties by not exercising proper command authority to prohibit the search or provide safety equipment."
It added, "Had the defendant simply mentioned through former Brigade Commander Park not to enter the water, the Marines would not have undertaken the underwater search, and with proper equipment, they could have promptly rescued the victims."
Former Commander Im was also found guilty of violating orders by exercising command authority—such as conducting on-site guidance and directing search methods—contrary to the unit transfer order issued at the time that transferred operational control to the Army.
Park Sang-hyun, former commander of the 7th Brigade, and Choi Jin-gyu, former battalion commander, were each sentenced to one year and six months in prison; Lee Yong-min, former commander of the headquarters company of the 7th Artillery Battalion and direct superior to Corporal Chae's unit, was sentenced to 10 months in prison; and former company head Jang was sentenced to eight months in prison suspended for two years.
The first-instance court determined that former Brigade Commander Park and former Battalion Commander Choi were culpable for neglecting safety duties by issuing search orders without clear explanations regarding underwater and water-edge operations.
The court rebuked, "The defendants disregarded the risks to the lives of their subordinates that were inevitably involved in pursuing search results in hazardous areas."
It further noted, "While service members have lost their lives in past military operations, the practice of holding only lower-level command echelons responsible has been repeated. This case is different. It strongly bears the character of an 'active act' where a superior commander, rather than merely committing an 'omission' by neglecting duties, gave orders that aggravated specific risks while fully aware of them."
Although both the independent counsel team and the defendants appealed, the appellate court maintained the same sentences.
However, the appellate court ruled partially not guilty regarding a portion of former Commander Im's charge of violating orders—specifically, the instruction given to former Brigade Commander Park to continue operations despite instructions to withdraw.
In August of this year, the appellate court rebuked, "Commanders at the time had an occupational duty of care to prevent hazards to the lives and physical safety of their subordinates, yet they emphasized aggressive searching while neglecting safety guidelines."
Regarding former Commander Im, the court criticized, "Despite being the highest-ranking commander ultimately responsible for the safety and lives of his unit members, he neglected his occupational duty of care, resulting in the death and injuries of the victims."
The Supreme Court also upheld the appellate ruling, stating, "The lower court's judgment contains no errors in violating the laws of logic and experience, exceeding the limits of the principle of free evaluation of evidence, or misinterpreting legal principles regarding professional negligence resulting in death and injury, or violation of orders."
Through Military Human Rights Center Director Im Tae-hun, the bereaved family of Corporal Chae conveyed their position following the verdict: "Given the defendants' grave responsibility, the judiciary's final judgment and sentences fall far short of the expectations of the public and the bereaved family, leaving us with deep regret and bitter grief."
They added, "Even though the independent counsel made utmost efforts to uphold justice, the dismissal of the appeal leaves us feeling devastated and helpless in front of a judiciary that ultimately turns a blind eye to the tears of parents who unjustly lost their child."
The Marine Corps Veterans Solidarity stated, "We hope this trial serves as an occasion for the principle of command responsibility to take firmer root in the Republic of Korea military. It is now time for the Yoon Suk Yeol administration to reveal why it exerted pressure on investigations to shield former Commander Im."
(Photo: Yonhap News)
※
Copying, redistribution, and unauthorized use in AI training are strictly prohibited.