Ministry of National Defense Transfers Marine 1st Division Commander to Police Excluding Charges (Comprehensive)

Review Results of the Ministry of National Defense Investigation Headquarters on the Death of Chaesangbyeong
Four Officers Including Division Commander Only Stated Facts
Two Battalion Commanders Who Ordered 'Waist Entry' Charged

The Ministry of National Defense has decided to forward the case of the late Corporal Chae Mo to the police without specifying charges against Im Seong-geun, commander of the 1st Marine Division, only stating the facts.

[Image source=Yonhap News]

On the 21st, the Ministry of National Defense Investigation Headquarters announced the "Review Results of the Marine Corps Line-of-Duty Death Incident" and decided to forward to the police the facts without specifying charges against four individuals, including Division Commander Im Seong-geun and 7th Brigade Commander Park Sang-hyun, among the eight people initially judged to have charges in the preliminary investigation. Originally, the Marine Corps investigation team had investigated Commander Im as a suspect of negligent homicide, but the charges have now been removed.

The Investigation Headquarters explained, "Among the four individuals who were in the command line related to the search activities or assigned as on-site controllers, problems were identified, but due to some contradictory testimonies and other circumstances, it was limited to specify criminal charges based on the current records alone." However, the Investigation Headquarters recognized criminal charges against two individuals who violated the brigade commander's directive that "entry is only possible up to the height of boots" by ordering "entry up to the waist," and decided to prepare a notification of recognition and transfer the case to the police.

The issue lies in the notification of recognition prepared by the Ministry of National Defense when transferring the case to the police. The notification of recognition has no legal basis, and it lists the subject as a suspect rather than a person under suspicion, which does not align with the intent of the revised Military Court Act. The form created by the military states, "Regarding the person below, we have recognized the crime under the jurisdiction of the court as follows, and hereby notify pursuant to Article 228-2, Paragraph 3 of the Military Court Act." However, the revised Military Court Act does not have Article 228-2, Paragraph 3. It is a form not found in the law.

Also, the notification prepared by the Ministry of National Defense only lists the subject as a suspect. To designate someone as a suspect rather than a person under suspicion, the military investigative agency must register the case and proceed with an investigation, but since it does not have the authority to register cases, it cannot conduct investigations. 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 team applies various charges as if confirmed and forwards the case, it goes against the purpose of the legal amendment. This is why legal controversies are expected in the future.

Regarding this, a military official said, "Whether to specify the suspect in the notification of recognition will be reviewed legally by the Ministry of National Defense."

Previously, the Ministry of National Defense retrieved the investigation report from the police and has been re-examining it at the Investigation Headquarters, the highest direct investigative agency under the Ministry of National Defense, since the 9th. The investigation report, approved by Defense Minister Lee Jong-seop after being reported by former Marine Corps investigation team leader Colonel Park Jeong-hoon at the end of last month, contained the content of forwarding eight related persons, including Commander Im, to the police on charges of negligent homicide in the line of duty.

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