Lim Seong-geun, the former commander of the 1st Marine Division who was identified as responsible for the death of Private First Class Chae Su-geun in the line of duty and was brought to trial, was sentenced to three years in prison at the first trial. It is the first court ruling to come about two years and nine months after the accident on July 19, 2023.
The Criminal Agreement Division 22 of the Seoul Central District Court (presiding judge Cho Hyeong-woo, senior judge) on the 8th sentenced the former division commander Lim, who was indicted on charges of occupational negligence resulting in death or injury and violation of orders under the Military Criminal Act, to three years in prison. The sentence is lower than the five-year prison term sought by the special counsel for the Marine's death in the line of duty.
Park Sang-hyeon, former commander of the 7th Brigade of the 1st Marine Division, and Choi Jin-gyu, former commander of the 11th Artillery Battalion of the Artillery Brigade of the 1st Marine Division, who were indicted together, were each sentenced to one year and six months in prison. Lee Yong-min, former commander of the 7th Artillery Battalion, was sentenced to 10 months in prison, and a former headquarters company commander of the 7th Artillery Battalion surnamed Jang was sentenced to eight months in prison, suspended for two years. The court rejected the former division commander Lim's bail request and took into custody in the courtroom Park, the former brigade commander; Choi, the former battalion commander; and Lee, the former battalion commander, who had been tried without detention.
The court found Lim, the former division commander, guilty of ordering a search during the search for people missing in the submerged area of Naeseongcheon in Yecheon County, North Gyeongsang Province, in July 2023 without providing life jackets and other safety equipment, resulting in the death of Private First Class Chae and injuries to other Marines.
The court said, "Because of this accident, Chae, a 20-year-old Marine, lost his precious life just four months after enlisting," and noted, "Life jackets and safety equipment were not properly provided to the search personnel, and the division commander and the brigade commander focused only on results, not even offering clear guidelines to the personnel, and merely emphasized active, offensive search orders."
It continued, "They neglected the risks to the personnel's bodies and lives that are inevitably involved in achieving results," and said, "The biggest cause of the accident was the unreasonable orders from superiors."
Lim, the former division commander, was also charged with violating fragmentary orders from the Joint Chiefs of Staff (JCS) and the Army's 2nd Operations Command to transfer operational control at the time to the commander of the Army's 50th Division. The court found that even after the transfer of operational control, Lim directly supervised the scene, instructed search methods, and exercised personnel appointment authority.
Regarding Lim, the former division commander, the court said, "As the division commander, who bears the ultimate responsibility for the safety of unit members, he did not disseminate clear guidelines," and rebuked, "To produce results, he repeatedly issued search orders and took no measures to protect the lives of the personnel."
It also said, "Even a simple remark by the defendant through the former brigade commander Park, such as 'do not go into the water,' would have prevented the Marines from attempting underwater searches, and if equipment had been provided, the victims would have been rescued quickly," adding, "The causal link between the defendant's occupational negligence and the outcome is fully recognized."
The court also took issue with Lim's conduct after the accident. The court said, "Even after the accident, he pushed a narrative of having no responsibility and, ahead of a search and seizure of the division commander's office, concealed circumstantial evidence of underwater searches, scrambling to evade and cover up his responsibility."
It continued, "Even after the accident, he focused on evading and concealing responsibility," and added, "He even sent long emails and text messages to the bereaved family as they were trying to cope with the loss of their child. How can a perpetrator send such messages to a victim?"
The court also recognized the responsibility of Park, the former brigade commander; Choi, the former battalion commander; and Lee, the former battalion commander. Park, the former brigade commander, served as on-site commander as head of the 2nd Rapid Deployment Unit during the search operation, issued orders including a "checkerboard search," and is accused of pressuring personnel by saying he wanted to see "direct action." Choi, the former battalion commander, was found to have mentioned "entering up to waist depth," among other things, while relaying orders from Lim, the former division commander, and Park, the former brigade commander, without explicit approval from higher units. Lee, the former battalion commander, was found to have been involved in the occurrence of the accident by passing down these orders to unit members.
Responsibility was also recognized for Jang, the former company commander, for effectively ordering underwater searches without fully assessing the dangers on site. However, the court gave Jang a suspended sentence, sparing actual imprisonment.
This ruling is the first-instance conclusion in the first case indicted since the launch of the special counsel investigating the Marine's death in the line of duty. The death of Private First Class Chae in the line of duty is considered the starting point of a series of events that later expanded into allegations of external pressure and cover-up of the investigation, and controversy over former Minister of the Ministry of National Defense Lee Jong-sup's appointment as ambassador to Australia and his departure.