Supreme Court upholds 3-year prison term for former 1st Marine Division Commander Im Seong-geun
Group says lower-ranking officers must not bear all the blame
The Supreme Court upheld a three-year prison sentence for Im Seong-geun, the former commander of the Marine Corps' 1st Division, who was held responsible for the death of Marine Cpl. Chae Su-geun. In response, the Korea Marine Corps Veterans Association said "those who exercised command authority must bear responsibility commensurate with that authority and their negligence." The group said that with the negligent homicide trial now concluded, its next priority is uncovering the truth behind allegations of improper pressure on the investigation.
The Supreme Court's First Division on Tuesday upheld the lower court's three-year sentence against Im on charges including occupational negligent homicide and violation of military orders. The ruling came three years and three months after Cpl. Chae's death. Former 7th Brigade Commander Park Sang-hyeon received a confirmed sentence of one year and six months in prison, and former 11th Artillery Battalion Commander Choi Jin-gyu received the same. Former 7th Artillery Battalion Headquarters Company Commander Jang received eight months in prison, suspended for two years.
Im and others were charged with ordering marines to wade waist-deep into the Naeseong River in Yecheon-gun, North Gyeongsang Province, on July 19, 2023, without life jackets or other safety equipment while searching for a missing person, resulting in Cpl. Chae being swept away by the current and killed.
The second-instance court found that Im had reprimanded an artillery battalion for poor search results and ordered more aggressive search efforts, and that he had failed to take necessary safety measures despite being aware of the underwater search and its dangers. The special prosecutor sought a five-year sentence in both the first and second trials.
Immediately after the ruling, the veterans association said in a statement: "Today, the negligent homicide trial in the Cpl. Chae case has concluded. It is now time for a court ruling to reveal why the Yoon Suk Yeol administration applied pressure on the investigation to shield Im Seong-geun, a person convicted of negligent homicide."
The group said that "if a senior commander intervened in an operation and issued orders, that commander must bear responsibility for the outcome commensurate with the authority exercised and the negligence involved," adding that "all responsibility must not be shifted onto lower-ranking commanders who carried out their duties within the chain of command." It also criticized commanders "who demand life-risking obedience from subordinates but refuse to take responsibility for the consequences," saying such individuals "have neither the Marine Corps spirit nor a soldier's honor."
The association also laid out four principles it said must be upheld going forward: those who exercised command authority must bear responsibility proportional to that authority and their negligence; the military chain of command and a commander's rank must not become tools for evading accountability; soldiers who carried out their duties in accordance with law and principle must be protected; and a military culture that values the lives and safety of service members must be established.
"The Cpl. Chae case is not a tragedy for one individual and family alone — it is a weighty question posed to our entire society about how the state should treat the lives of its service members and what military commanders exist to do," the group said. "Justice has prevailed, though slowly, and we are certain it will continue to prevail."
The association added that it would "continue to contribute to national security by working to create a safe service environment for active-duty personnel and protect their rights," and expressed hope for "the eternal rest of the late Marine Cpl. Chae Su-geun."
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