Top court upholds acquittal for commander in high-profile military sexual assault case

Korea's top court upheld a lower court’s acquittal of a former Air Force squadron commander who faced charges of dereliction of duty and filing false reports in connection with the sexual assault case that led to Master Sgt. Lee Ye-ram's death.

Family members lay flowers during the funeral of late Air Force Master Sgt. Lee Ye-ram at the Armed Forces Capital Hospital in Seongnam, Gyeonggi, on July 20, 2024. [YONHAP]

Korea's top court on Thursday upheld a lower court’s acquittal of a former Air Force squadron commander who faced charges of dereliction of duty and filing false reports in connection with the sexual assault case that led to Master Sgt. Lee Ye-ram's death by suicide.

The Supreme Court's first division finalized the not guilty verdict for the squadron commander, surnamed Kim, 47, who headed a unit under the Air Force’s 20th Fighter Wing.

Prosecutors had accused Kim of failing to protect Lee from further victimization and of submitting false reports in order to shield Lee’s assailant.

Lee, who was stationed with the 20th Fighter Wing, reported being sexually assaulted on March 2, 2021, by a senior noncommissioned officer surnamed Jang, 28.

Despite filing a complaint, she later faced retaliation. On May 21 the same year, while military prosecutors were still investigating, Lee took her own life at age 23.

The case later sparked controversy over a botched investigation by military prosecutors, leading to a probe by special counsel Ahn Mi-young. In September 2022, the special counsel indicted eight people, including Jeon Ik-soo, then chief legal officer of the Air Force.

Park Soon-jeong, the mother of the late Air Force Master Sgt. Lee Ye-ram, right, wipes away tears while speaking to reporters outside the Supreme Court in southern Seoul’s Seocho District on April 10. At her side is Lee’s father, Lee Joo-wan. The court’s second division upheld a lower court ruling acquitting former Air Force legal chief Jeon Ik-soo of charges that he improperly intervened in the investigation into Lee’s death. [YONHAP]

Kim, the former squadron commander, stood trial for failing to block the secondary victimization of Lee after the incident and for submitting false reports to protect Jang.

Investigators found that Kim falsely told Air Force personnel officers that "Jang had been separated from Lee and military police requested a delay in reassigning Jang until after their investigation."

The first and second trial courts ruled that while Kim’s actions were deemed inappropriate, they were not enough to establish criminal dereliction of duty. They also concluded there was insufficient evidence to prove Kim intentionally made false reports.

“It is difficult to see this as an outright abandonment of the duty to prevent secondary harm to Lee after the sexual assault," the appeals court stated. "The evidence provided by the special counsel does not reasonably prove that Kim reported false information or did so with deliberate intent.”

The court rejected prosecutors’ final appeal on these grounds.

The portrait and remains of late Air Force Master Sgt. Lee Ye-ram are carried to a memorial hall during an enshrinement ceremony at Seoul National Cemetery in Dongjak District, southern Seoul, on July 20, 2024. [YONHAP]

Meanwhile, the Supreme Court upheld suspended prison sentences for two other key figures.

A former company commander surnamed Kim, 32, who spread false statements to Lee’s new unit commander that “Lee is strange and threatens to press charges if you even mention the 20th Fighter Wing,” received a one-year prison term suspended for two years.

The court found this damaged Lee’s reputation by implying she frequently made unreasonable complaints.

“Kim’s comments undermined Lee’s social standing by portraying her as a person who habitually filed baseless reports,” the appellate court said. "The statements met the requirements of being widely disseminated."

But it added, “Given that Kim made these remarks without first obtaining detailed information or hearing diverse opinions, it does not appear Kim actively intended to spread false claims,” explaining why it imposed a reduced sentence.

Also sentenced was Park, 32, a former military prosecutor who delayed Lee’s questioning under the pretext of vacation and failed to investigate secondary offenses against her.

Although the court found Park guilty of delaying the overall process, it acquitted him of intentionally abandoning his investigative duties.

Both Kim and Park initially received one-year prison sentences but saw their terms reduced to suspended sentences on appeal.

In April, the Supreme Court also cleared Jeon, the former head of the Air Force’s legal office, of improperly interfering in the case.

If you or someone you know is feeling emotionally distressed or struggling with thoughts of suicide, LifeLine Korea can be contacted at 1588-9191 or the Crisis Counseling Center at 1577-0199. The Seoul Global Center offers English-language counseling, contact 02-2075-4180 (+1) to arrange a session. Other international helplines can be found at www.befrienders.org.

Translated from the JoongAng Ilbo using generative AI and edited by Korea JoongAng Daily staff. BY CHO MUN-GYU [kim.juyeon2@joongang.co.kr]