'Sewol Ferry Rescue Failure' Kim Seok-gyun Acquitted in First Trial... Only Kim Moon-hong and Two Others Found Guilty
Former Commissioner Kim Seok-gyun of the Korea Coast Guard / Photo by Jin-hyeong Kang aymsdream@
View original image[Asia Economy Reporter Seongpil Cho] Former Commissioner of the Korea Coast Guard Kim Seok-gyun, who was indicted for causing the deaths of passengers due to inadequate initial response during the Sewol ferry disaster, was acquitted in the first trial.
The Criminal Division 22 of the Seoul Central District Court (Presiding Judge Yang Cheol-han) acquitted former Commissioner Kim, who was charged with professional negligence resulting in death and injury, on the 15th. Among the 10 others indicted on the same charges alongside former Commissioner Kim, 8 were also acquitted. However, former Mokpo Coast Guard Station Chief Kim Moon-hong and former Captain Lee Jae-du of the Coast Guard vessel 3009 were found guilty of abuse of authority and obstruction of the exercise of rights, and were sentenced to suspended prison terms.
The court stated regarding former Chief Kim and former Captain Lee, "Although their actions could have caused public distrust and misunderstanding toward the entire Coast Guard, we considered their 20 to 30 years of diligent service in the Coast Guard and the absence of any prior criminal record" as reasons for sentencing. Former Chief Kim was sentenced to 1 year and 6 months in prison with a 3-year suspension, and former Captain Lee was sentenced to 6 months in prison with a 2-year suspension.
Former Commissioner Kim and others were brought to trial in February last year on charges of failing to fulfill their duty of care necessary for rescue during the Sewol ferry disaster on April 16, 2014, which resulted in 303 deaths and 142 injuries. The Special Investigation Unit for the Sewol Ferry Disaster under the prosecution judged that former Commissioner Kim and others violated their duty by failing to grasp the situation at the Sewol site and to command and control immediate evacuation guidance and hull entry to rescue lives.
However, the court found insufficient evidence to recognize professional negligence on the part of former Commissioner Kim and others. The court stated, "Considering the communication records from various control rooms in the early stages of the accident, the defendants likely believed that the aerial rescue forces had confirmed basic information about the Sewol accident," and added, "Due to technical issues and other communication difficulties, it is difficult to recognize professional negligence related to specific rescue duties on the part of the defendants."
Regarding the charges of abuse of authority applied to former Chief Kim and former Captain Lee, the court found them guilty. They were accused of altering the document titled 'Mokpo Station Chief's Actions and Instructions' to indicate that they had ordered rescue measures despite not instructing evacuation guidance immediately after the accident. The court ruled, "Based on the on-site information gathered by 9:14 a.m. on the day of the accident, it appears that the situation did not allow for specific instructions such as conducting evacuation broadcasts," and concluded, "This constitutes abuse of authority and obstruction of the exercise of rights."
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The Special Investigation Unit for the Sewol Ferry Disaster, which investigated this case, immediately expressed their intention to appeal. A representative of the unit stated, "We find it difficult to accept the court's verdict and plan to file an appeal."
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