Cook Who Neglected Dying Crew Member on Ship... Supreme Court: "Aiding and Abetting Murder by Omission"

Captain Repeatedly Assaults and Abuses Crew Member on Fishing Vessel
Cook Also Participated in Assault, Recognized Life-Threatening Danger
Failed to Provide Rescue or Report Despite Knowing Critical Condition
First Trial: Not Guilty of Aidi

Offshore fishing vessel where a mutiny occurred [Yonhap News archive photo] The article and the main text are unrelated.

In a case where a ship captain repeatedly assaulted a crew member on a fishing vessel, resulting in the crew member's death, the Supreme Court has found the ship's cook guilty of aiding and abetting murder for failing to take any rescue measures after witnessing the assault. The court stated that "if one recognizes the danger and still neglects to act, aiding and abetting by omission is established."

According to the legal community on December 5, the First Division of the Supreme Court, presided over by Justice Shin Sookhee, dismissed the appeal of the ship's cook, who was tried in connection with the crew member's death, and upheld the lower court's sentence of four years in prison. The case began when it was revealed that the captain had repeatedly assaulted and abused the crew member over an extended period, leading to the victim's death.

The cook, who was on the same vessel, was also prosecuted for not only directly assaulting the crew member but also for failing to take any action-such as providing aid, reporting, or intervening-despite knowing that the crew member's life was in immediate danger due to the captain's assault. Both the captain and the cook later disposed of the body at sea.

The main issue was whether a person can be found guilty of aiding and abetting murder by omission if they did not directly cause the death but were aware of the life-threatening situation and did nothing. The court of first instance found the cook guilty only of some assault charges and acquitted him of aiding and abetting murder and habitual assault. In contrast, the appellate court found the cook guilty of both assault and aiding and abetting murder by omission.

Taking into account the isolated environment of the ship during its voyage and the cook's position and responsibilities, the court determined that "neglecting to take rescue measures, despite being fully capable of doing so, constitutes aiding and abetting by omission." The Supreme Court agreed with the appellate court's decision that aiding and abetting murder by omission was established and dismissed the appeal.

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