Police decides against indictment of former Marine commander over death last year

Police on Monday decided against indicting a former Marine Corps division commander associated with the death of a young Marine surnamed Chae last year for alleged influence-peddling.

Lim Seong-geun, former commander of the Marine Corps 1st Division, appears for police questioning in Gyeongsan, North Gyeongsang, on May 14. [YONHAP]

Police on Monday decided against indicting a former Marine Corps division commander associated with the death of a young Marine surnamed Chae last year for alleged influence-peddling.

Marine Cpl. Chae Su-geun drowned while conducting a search and rescue mission during heavy rain and flooding in July last year.

The Gyeongbuk Provincial Police Agency of North Gyeongsang, in turn, referred six individuals to the prosecution on charges of negligent homicide. Three others, including Lim Seong-geun, the commander of the Marine Corps 1st Division at the time of the accident, were not indicted due to insufficient evidence to establish their involvement.

Police said their decision was based on findings that the commander of the 11th Artillery Battalion unilaterally changed search guidelines. The original guidelines allowed searches up to boot height in the water, but the day before the accident, the 11th Artillery Battalion commander instructed that the search would extend to waist depth, which led to the fatal underwater search, according to the police.

Police concluded that Lim did not have a direct commanding relationship with the 11th Artillery Battalion division commander. Although Lim reprimanded subordinates for their performance, police found it challenging to charge him since he couldn't have anticipated the unilateral change in search guidelines.

Additionally, police clarified that none of the suspicions, including Lim's instructions like "searching in a grid pattern along the water's edge," applied to him, saying that these instructions were consistent with military regulations for thorough searches.

Regarding allegations of abuse of authority against Lim, police determined he lacked operational control and was not obligated to conduct prior risk assessments. His instructions related to search operations were considered wrongful acts rather than criminal abuses of authority, the police said.

Regarding safety measures, police found it difficult to attribute neglect to Lim for failing to prepare safety equipment or measures for underwater searches, considering the decision-making process involving local authorities.

Chae died on July 19, 2023, during a search operation in Yecheon County in North Gyeongsang after being swept away by heavy rain and found dead 14 hours later. Following the incident, an investigative team led by Colonel Park Jung-hun accused Lim and seven others of responsibility for Chae's death.

Defense Minister Lee Jong-seop initially instructed the Marine Corps to hold off referring the case to the police upon receiving the investigative report. The team, however, disregarded the case and directly referred it to the Gyeongbuk Provincial Police Agency. In response, the Defense Ministry's prosecution office retrieved investigation documents and charged Park with insubordination, excluding Lim, sparking controversy over external pressure.

The deputy commander of Chae's battalion had raised issues with the police investigation and filed complaints against Lim and the head of the Gyeongbuk Provincial Police Agency.

"We respect the police investigation results," a presidential office official told reporters under the condition of anonymity at the presidential office in Yongsan District on Monday following the police's announcement. "It is revealed that the substantive truth disclosed by the police is quite different from the suspicions raised so far."

"We hope that the Corruption Investigation Office for High-ranking Officials (CIO) will conclude its investigation quickly to clarify the facts," the official added.

On Thursday, the liberal Democratic Party (DP) railroaded a contentious bill mandating a special counsel investigation into the military's response to Chae's death, and a separate investigation by the CIO is ongoing into alleged interference by the presidential office and the defense ministry in the military's primary inquiry.

Following the passing of the law by the opposition-controlled National Assembly, the Presidential Office said that a decision on whether to veto "should not take long to decide."

"We will carefully review and decide on the reconsideration of the bill," the official said. "There have been requests from the ruling party [for a veto] as well, and since the bill has come with stronger unconstitutionality concerns, it should not take long to decide on exercising the right of reconsideration."

Prime Minister Han Duck-soo will chair a Cabinet meeting on Tuesday morning, during which Yoon is expected to veto the bill again.

BY KIM JUNG-SEOK, SEO JI-EUN [seo.jieun1@joongang.co.kr]