Former 1st Marine Division Commander Lim Seonggeun Sentenced to 3 Years in Prison in First Trial Over Corporal Chae's Death

First Judicial Ruling Since Special Investigation Team's Indictment in the Chae Case
"Negligence to Intervene Despite Knowing Troops Entered Knee-Deep Water"

Former Marine Division 1 Commander Lim Seonggeun, who was identified as the person responsible for the death of Corporal Chae Soogeun (then a Private First Class), has been sentenced to prison in the first trial. This ruling marks the first judicial decision on a case prosecuted by the Special Investigation Team for Marine Corps Fallen Soldiers.

Former Marine Corps 1st Division Commander Seonggeun Lim is attending the Fallen Marine Special Investigation Team as a defendant on October 27 of last year. Photo by Dongju Yoon

On May 8, the Seoul Central District Court's Criminal Agreement Division 22 (Presiding Judge Cho Hyungwoo) sentenced former Division Commander Lim to three years in prison on charges of occupational negligence resulting in death and violation of military orders under the Military Criminal Act. The court stated, "Even after operational control was transferred to the Army, the defendant exercised de facto operational command and disseminated binding instructions," adding, "Although he had a duty to prevent harm to the lives and bodies of the servicemen, he neglected this responsibility."

The court particularly found that former Division Commander Lim increased the risk by instructing a proactive search approach—ordering troops to go below the waterfront and probe, rather than simply conducting a road reconnaissance—during on-site guidance. It was explained that Lim's repeated rebukes of the artillery battalion commanders in pursuit of results put considerable pressure on subordinate unit leaders, which ultimately became a key factor leading to the excessive underwater search.

Former Division Commander Lim was the commanding officer of the higher unit to which Corporal Chae, who died during flood recovery operations in Yecheon County, North Gyeongsang Province, on July 19, 2023, belonged. He was brought to trial for allegedly violating safety obligations, such as ordering underwater searches without providing life jackets or other safety equipment.

Most of the other individuals who were indicted alongside Lim were also found guilty. Former 7th Brigade Commander Park Sanghyun and former Artillery 11th Battalion Commander Choi Jingyu were each sentenced to one year and six months in prison. Former Artillery 7th Battalion Commander Lee Yongmin was sentenced to ten months in prison. Former Headquarters Company Commander Jang of the Artillery 7th Battalion was sentenced to eight months in prison, suspended for two years.

The court pointed out that, despite being fully aware of the risks at the missing persons search site, these individuals deployed their personnel without even basic safety equipment such as life jackets. In explaining the sentencing, the judge stated, "The pain experienced by the parents—who had a son after a difficult IVF process in their late 30s—and by the surviving injured soldiers is severe," and criticized, "Those in charge of on-site command should have strictly controlled entry into the water, but they neglected the lives of their personnel in pursuit of results."

Former Division Commander Lim had consistently argued that he had never ordered underwater searches and that subordinate battalion commanders distorted his instructions, but the court did not accept this claim. The court ruled, "Even though the defendant was aware that personnel entered the water up to their knees, he did nothing to intervene, and it is difficult to see a substantial difference in risk between knee-deep and waist-deep water during heavy rain conditions."

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