Circumstances of the Death of the Late Lee Dae-jun, Shot in the West Sea, to Be Judged by the Law

Seo Hoon, former Director of the National Security Office [Image source=Yonhap News]

[Asia Economy Reporter Kim Hyung-min] "Regardless of whether the person responsible is punished, we hope to properly understand the circumstances of the death."

The bereaved family of the late Lee Dae-jun, who was killed by North Korean soldiers in the West Sea in September 2020, said this when they filed a complaint against the related officials to the prosecution in June. The family's wish seems likely to be fulfilled soon in court. The prosecution has indicted former Blue House National Security Office Chief Suh Hoon, who was identified as the highest-ranking official in the chain of command related to the 'West Sea Public Official Shooting Incident,' and Lee's cause of death will now be subject to the court's judgment.

On the 12th, the legal community expects that the circumstances of Lee's death will be a key issue in the upcoming trial of former Chief Suh. This is because the determination of Su's guilt or innocence depends on it. Su is accused of instructing related ministers' meetings and Joint Chiefs of Staff officials to take 'security maintenance' measures to conceal the fact after Lee was killed, and of having the Ministry of National Defense and the Coast Guard prepare reports and press releases with the purpose of fabricating a 'defection to the North.' The prosecution wrote in the indictment that despite insufficient evidence that Lee intended to defect to the North, Su and the previous government tried to avoid criticism and push through various North Korea policies by fabricating the 'defection narrative.' Ultimately, if the court recognizes that "objectively, Lee cannot be judged to have defected to the North" at the time of his death, Su's charges are likely to be upheld.

Therefore, the prosecution and former Chief Su are expected to engage in fierce disputes over the circumstances of death from the early stages of the trial. Based on the Board of Audit and Inspection's investigation results and on-site investigations, the prosecution has tentatively concluded that Lee, who was on night duty, slipped and fell into the sea near the bow deck. Although Lee was known to be a good swimmer, the prosecution judged it unlikely that he jumped into the dark, cold autumn sea with strong currents and tried to cross over to North Korea without any equipment. The prosecution argues that the government's conclusion at the time that Lee attempted to defect based on these uncertain circumstances was wrong.

Bereaved family members of the West Sea shooting submitting a request for investigation to the Ministry of National Defense Photo by Yonhap News

Former Chief Su's side denies the prosecution's judgment. There are many suspicious circumstantial evidences that make it difficult to be certain that it was not a defection. At the time of the incident, rope ladders were lowered on both sides of the ship, and the duty officer who worked with Lee testified that he did not hear any screams or calls for help. When Lee was found in the North, his arm was bandaged, and he was wearing a life jacket with Chinese characters on it, which raises questions about the slip-and-fall conclusion.

The progress of the trial is expected to affect other related trials as well. In particular, the 'Presidential Records Information Disclosure Request Lawsuit' filed by Lee's family is notable. The first hearing of this trial will be held on February 24 next year. With the circumstances of Lee's death still unclear, if the court decides that the disclosure of presidential records can reveal the truth of the case, this trial is likely to result in a victory for the bereaved family.

The prosecution's investigation is also affected. After indicting former Chief Su, the prosecution is additionally investigating allegations that classified information contradicting the defection decision was deleted. This charge can also only be proven guilty if the prosecution persuasively reconstructs the tentative conclusion that it was not a defection.

This content was produced with the assistance of AI translation services.