[Yang Nak-gyu's Defence Club] The 'Ministry of National Defense Acknowledgment Notice' Not Even Provided by Law

Error in Defining Suspect Without Investigation in Notification of Recognition

The Ministry of National Defense is facing a dilemma over the review results of the initial investigation into the death of Marine Corps Corporal Chae Su-geun. To review the initial investigation results at the investigation headquarters and transfer them to the police, a notification of recognition (inji tongjiseo) must be prepared. However, there is no legal basis to issue such a notification, and the notification form lists the subject as a suspect (pi-ui-ja), not a person under suspicion (pi-hyeom-ui-ja), which does not align with the intent of the revised Military Court Act.

Cognitive Notification Form Prepared by the Military

According to military officials on the 18th, the Ministry of National Defense Investigation Headquarters reported the interim results of the review on the circumstances of Marine Corps Corporal Chae Su-geun’s death to Defense Minister Lee Jong-seop the previous day. The interim results concluded that Major General Lim Seong-geun, commander of the Marine Corps 1st Division, was significantly negligent. This aligns with the investigation report by former Marine Corps Investigation Unit Commander Colonel Park Jeong-hoon, who is under military prosecution investigation for insubordination. However, among the persons under suspicion indicated by former Commander Park, the non-commissioned officers and lieutenants were judged to have an unclear causal relationship between Corporal Chae’s death and negligence.

The problem lies with the notification of recognition that the Ministry of National Defense Investigation Headquarters must prepare. The form used by the military states, “Regarding the person below, since a crime subject to the court’s jurisdiction has been recognized, notification is given pursuant to Article 228-2, Paragraph 3 of the Military Court Act.” However, the revised Military Court Act no longer contains Article 228-2, Paragraph 3. This is a form that does not exist in the law.

Additionally, the notification prepared by the Ministry of National Defense only lists the subject as a suspect (pi-ui-ja). To designate someone as a suspect rather than a person under suspicion, the military investigative agency must formally register the case and conduct an investigation, but it lacks the authority to do so, making it impossible to proceed with an investigation. According to the revision of the Military Court Act, the case of Corporal Chae’s death is to be handed over to civilian police, but if the Marine Corps Investigation Unit applies various charges as if they were confirmed and transfers the case, it would contradict the purpose of the legal amendment. This is why concerns about future legal disputes are emerging.

The Ministry of National Defense’s position is that the case can be recorded only with the charges without designating suspects and then transferred. A military official stated, “We will supplement the abbreviated documents and other deficiencies that were lacking when the law was amended going forward.”

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