Special Investigation Team Requests 5-Year Prison Sentence for Former Division Commander Lim Sungkun in "Private Chae's Death" Case

"Emphasizing Search Over Safety Had a Decisive Impact on the Accident"

The Lee Myeonghyeon Fallen Marine Special Investigation Team has requested a five-year prison sentence for Sungkun Lim, former commander of the 1st Marine Division, in connection with the death of Private First Class Chaesugeun (then a Private).

Former Marine Corps 1st Division Commander Seonggeun Lim appeared as a defendant before the Special Investigation Team for Fallen Marines on October 27 last year. Photo by Dongju Yoon

On April 13, during the final hearing at the Seoul Central District Court Criminal Division 22 (Presiding Judge Cho Hyungwoo), the special investigation team requested a five-year sentence for former Commander Lim on charges of occupational negligence resulting in death and violation of the Military Criminal Act. At the time of Private Chae's death, Lim was the highest-ranking commander in the unit.

The special investigation team stated, "By emphasizing aggressive search operations over safety and repeatedly admonishing a specific artillery battalion, he had a decisive impact on the occurrence of the accident. Even after becoming aware of the underwater search situation through media reports, he condoned and neglected the situation and took no necessary measures to ensure safety."

In his final statement, former Commander Lim said, "The immense grief of the Marine's parents, who lost their son, cannot be eased by anything, but I would like to take this opportunity to once again offer my condolences and sincerely express my apologies and deep regret to the bereaved families."

He added, "With 38 years of service and honor in the military, I fully acknowledge my command and moral responsibility as a commander. However, I do not believe I committed a crime warranting criminal punishment as stated in the indictment."

Lim's defense attorney also argued, "The defendant never, through anyone, instructed former Battalion Commander Choi to enter the water up to his waist for the search. For a violation of operational control, there must be a specific order regarding a particular situation, but former Commander Lim only exercised general command and did not issue any concrete orders."

Former Commander Lim is accused of failing to fulfill his duty of care by ordering underwater search operations without providing life jackets or other safety equipment at the flood site in Yecheon-gun, North Gyeongsang Province, on July 19, 2023. He also faces charges of exercising command authority on-site, including personally overseeing operations and directing search methods, even after a fragmentary order had been issued transferring operational control to the Army.

Meanwhile, the special investigation team has requested sentences of two years and six months imprisonment for former 7th Brigade Commander Park Sanghyun and former 11th Artillery Battalion Commander Choi Jingyu, one year and six months imprisonment for former 7th Artillery Battalion Commander Lee Yongmin, and one year imprisonment for Captain Jang, commander of the 7th Artillery Battalion Headquarters Company.

The special investigation team explained, "This case involved joint negligence by commanders such as the division and brigade commanders, resulting in the death of a 20-year-old soldier and serious risks to physical safety. Commanders have a responsibility to anticipate risks and ensure safe execution of duties, but the defendants failed in this regard."

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