Former Marine Commander Im Sung-geun Sentenced to 3 Years in Prison in Second Trial Over Cpl. Chae's Death

Commanders who were put on trial designated as responsible for the death of Corporal Chae Su-geun have been found guilty in their second trial as well.

The Seoul High Court's Criminal Division 4-3 sentenced Im Sung-geun, the former commander of the 1st Marine Division who was indicted on charges of involuntary manslaughter by professional negligence and violation of orders under the Military Criminal Act, to three years in prison, the same as the first trial.

The special counsel team led by independent counsel Lee Myung-hyun had sought a five-year prison sentence.

Park Sang-hyun, the former 7th Brigade commander who oversaw the flood recovery site, and Choi Jin-gyu, the former 11th Artillery Battalion commander, were each sentenced to one year and six months in prison (imprisonment without prison labor).

Lee Yong-min, the former commander of the 7th Artillery Battalion Headquarters Company who was the direct superior of Cpl. Chae's unit, was sentenced to 10 months in prison, while Jang Mo, the former member of the 7th Artillery Battalion Headquarters Company, was given an eight-month prison sentence suspended for two years.

These are all the same sentences as those handed down in the first trial.

The court acknowledged the charges that former Commander Im, as the superior commander of Cpl. Chae who died in the line of duty during flood recovery operations in Yecheon County, North Gyeongsang Province, on July 19, 2023, neglected his duty to protect the safety of the lives and bodies of his service members.

The court determined that former Commander Im reprimanded the artillery battalion for having no results in the missing person search and issued aggressive search directives detached from the reality on the ground, such as telling them "not to look down from the road, but to go down to the waterside, part the bushes, and poke around to search."

Even though he was aware that some service members had violated waterside search guidelines and conducted underwater searches, he condoned it and failed to disseminate safety guidelines or provide safety equipment.

The second court, following the first trial, upheld the special counsel team's conclusion that these orders ultimately led to the dangerous underwater search.

The charges that former Commander Im exercised command authority, such as providing field guidance and directing search methods, without complying with the fragmentary order transferring operational control to the Army at the time were also upheld as guilty.

However, specific details that were recognized as guilty in the first trial were overturned to acquittal in reasoning.

Acquittal in reasoning means that while a specific charge is recognized as guilty in the sentencing order and a sentence is imposed, it is judged as not guilty in the reasoning portion of the ruling.

The first trial found former Commander Im guilty of instructing former Brigade Commander Park to continue operations even after the Army issued an order to withdraw from operations.

However, the second trial stated that it is difficult to conclude that former Brigade Commander Park's continuation of operations was the result of former Commander Im exercising operational control.

(Photo: Yonhap News)
※ Please note: This article was translated by AI and may contain errors.