The Female Sergeant Incident... Military Police Not Prosecuted, Only Public Affairs Officer Recommended for Prosecution
Bereaved Families: "Defense Ministry Prosecutors Mocked the Investigation Deliberation Committee with Inadequate Investigation Materials"
[Asia Economy Yang Nak-gyu, Military Specialist Reporter]The Military Prosecutor's Investigation Review Committee recommended non-prosecution for two Air Force military police officers who were booked on charges of inadequate investigation related to the sexual harassment victim non-commissioned officer's death case.
The bereaved family of Sergeant Lee, the victim, strongly opposed the outcome, claiming that the military prosecutors deliberately submitted insufficient investigation materials to the review committee, resulting in this decision.
According to the Ministry of National Defense on the 11th, the 7th meeting of the Investigation Review Committee held yesterday afternoon resolved a non-prosecution opinion regarding Lieutenant A, the investigation section chief of the Air Force 20th Fighter Wing Military Police Battalion, and Lieutenant Colonel B, the battalion commander, on charges including dereliction of duty related to the initial investigation.
The military prosecutors reportedly requested the review committee to deliberate with a prosecution opinion for Lieutenant A and a non-prosecution opinion for Lieutenant Colonel B, but the committee recommended that neither be prosecuted and only disciplinary action be taken.
The Ministry of National Defense stated that the review committee, after discussions based on opinions from the military prosecutors, suspects, and bereaved family, judged it difficult to recognize the establishment of criminal dereliction of duty charges against them.
They are accused of inadequate investigation (dereliction of duty), such as preparing a report on March 5th that only investigated the victim and included a 'non-detention opinion' regarding the perpetrator, Sergeant Jang.
In particular, a dedicated investigator dispatched from the Air Force Headquarters conveyed to Lieutenant A on the 7th of the same month that "the degree of forced molestation is very severe and consideration of a detention warrant application is possible," but the next day, Lieutenant Colonel B reportedly maintained a non-detention investigation policy in reports to the 20th Fighter Wing Commander and the Air Force Headquarters Military Police Corps.
The review results of the Investigation Review Committee, composed of civilian experts, are delivered to the Ministry of National Defense Prosecutor's Office in the form of an opinion letter, and the prosecutor's office plans to respect the review opinion in its disposition, making it highly likely that the 20th Fighter Wing Military Police, who handled the initial investigation, will avoid criminal punishment.
In response, the bereaved family strongly opposed the non-prosecution recommendation, stating that if the initial investigation by the military police had been properly conducted, Sergeant Lee might not have taken such an extreme step.
Sergeant Lee's father visited the Ministry of National Defense in protest that afternoon and told reporters, "If the initial investigation had been properly conducted, if the military police had urgently arrested the perpetrator and promptly investigated only those who attended the gathering, some secondary harm such as coercion or inducement of settlement could have been partially prevented."
He added, "This is the result of the Ministry of National Defense Prosecutor's Office mocking the Investigation Review Committee with insufficient investigation materials," and said, "I will meet with the Minister of National Defense to hear explanations and request a special military prosecutor's investigation into the inadequate initial investigation."
Meanwhile, the Investigation Review Committee resolved to prosecute Colonel C and Lieutenant Colonel D of the Air Force Headquarters Public Relations and Information Office on charges of abuse of authority and obstruction of exercise of rights for unnecessary contact with persons involved in the case.
Their attorney, Lawyer Choi Jang-ho, said, "The charge of abuse of authority and obstruction of exercise of rights cannot be legally established," and "We will clearly prove in court that they are not guilty."
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He added, "There was coercive investigation by the military prosecutor during the investigation process," and claimed, "We will take civil and criminal measures against the military prosecutor who conducted the coercive investigation."
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