Sewol Ferry Special Investigation Unit Concludes "No Surveillance or Investigation Pressure on Bereaved Families"... Kim Ki-chun, Woo Byung-woo, Hwang Kyo-ahn Cleared of Charges

Announcement of Investigation Results After 1 Year and 2 Months... Official Activities End

Im Gwan-hyeok, head of the Sewol Ferry Disaster Special Investigation Unit, is announcing the final investigation results of the Sewol Ferry Disaster Special Investigation Unit on the 19th at the Seoul Central District Prosecutors' Office in Seocho-dong, Seoul. Photo by Moon Ho-nam munonam@

[Asia Economy Reporter Choi Seok-jin] The Special Investigation Unit on the Sewol Ferry Disaster under the prosecution (Head Im Gwan-hyeok, Seoul High Prosecutors' Office) has dismissed charges related to the alleged surveillance of Sewol ferry victims' families by the former Military Security Command or the National Intelligence Service, as well as allegations of investigation interference by the Ministry of Justice.

The Special Investigation Unit on the Sewol Ferry Disaster (Head Im Gwan-hyeok, Seoul High Prosecutors' Office) announced the final investigation results centered on these matters on the afternoon of the 19th at the briefing room of the Seoul Central District Prosecutors' Office in Seocho-dong, Seoul. The unit officially concluded its activities after about 1 year and 2 months since its launch in November 2019.

Im, who announced the investigation results, stated, "When the special investigation unit was launched directly under the Prosecutor General on November 10, 2019, I pledged to thoroughly investigate all raised suspicions so that this investigation would be the 'final investigation related to the Sewol ferry disaster.' In fact, over the past 1 year and 2 months, all members of our investigation unit have worked in unison, making their best efforts."

He continued, "The unit meticulously reviewed all related records, including the complaints filed by the Sewol ferry victims' families' council, investigation requests from the Special Investigation Commission on Social Disasters (SICSD), various suspicions raised by the media and civic groups, as well as any shortcomings in previous prosecution investigations."

First, the unit confirmed that the Coast Guard command violated their duty of care, including evacuation orders, during the rescue operation, resulting in the deaths of 303 passengers. Eleven individuals, including former Coast Guard Commissioner Kim Seok-gyun, were indicted on charges such as professional negligence resulting in death.

However, regarding the allegations of neglecting to rescue the late Im Gyeong-bin, which were filed by the victims' families and requested for investigation by the SICSD, the unit judged that it was highly likely he was already deceased when found, based on Coast Guard logs, hospital records, and responses from the Korean Society of Emergency Medicine. There was no evidence to suggest that the command knew he was alive but transported the victim by ship instead of helicopter, so the charges were dismissed.

Regarding the abuse of authority and obstruction of rights related to the National Intelligence Service and Military Security Command's surveillance of the Sewol ferry victims' families, the unit confirmed the creation of situation reports on the families by intelligence agencies. However, no concrete or realistic rights violations such as tailing, wiretapping, hacking, or media dissemination were found. Following relevant Supreme Court precedents, former President Park Geun-hye and former Presidential Chief of Staff Kim Ki-chun were cleared of charges.

Regarding allegations of obstruction of the Special Investigation Commission's activities by the Blue House Secretariat and government officials from the Ministry of Oceans and Fisheries, the unit conducted searches of the Ministry of Personnel Management, Ministry of Strategy and Finance, Ministry of the Interior and Safety, and secured presidential records. Reflecting the SICSD's investigative results, the unit confirmed additional obstruction allegations beyond previously prosecuted crimes, such as the withholding of the appointment of the Director of the Truth-finding Bureau. Nine individuals, including former Blue House Chief of Staff Lee Byung-gi, former Minister of Oceans and Fisheries Kim Young-seok, and former SICSD Vice Chairman Cho Dae-hwan, were indicted for abuse of authority.

However, the unit found no evidence to support allegations of investigation interference by the Ministry of Justice or cover-up of audits by the Blue House, and dismissed charges against former Senior Secretary for Civil Affairs Woo Byung-woo and former Minister of Justice Hwang Kyo-ahn.

The unit explained the background for dismissal, stating, "No involvement of the Blue House was confirmed regarding the investigation interference allegations. It was confirmed that the Ministry of Justice suggested to the Supreme Prosecutors' Office that further review was needed on whether professional negligence resulting in death applied to the 123 patrol ship case. However, the Supreme Prosecutors' Office had first reported to the Ministry of Justice, which then provided its opinion. The Ministry of Justice also presented its views after its own legal review. There were even differing opinions within the Supreme Prosecutors' Office regarding the application of professional negligence charges. Considering all this, while the Ministry of Justice's suggestions were inappropriate in terms of the independence and neutrality of the prosecution investigation, they were not deemed to constitute abuse of authority."

Regarding allegations that the Blue House obstructed audits by the Board of Audit and Inspection, the unit dismissed charges of abuse of authority against former Presidential Chief of Staff Kim Ki-chun and former Board of Audit and Inspection Chairman Hwang Chan-hyun, stating, "Although it is true that the Blue House, as the audited institution, was generally passive in submitting reports related to the Sewol ferry, no facts were confirmed that Blue House officials or the Board Chairman abused their authority to prevent proper audits."

The unit stated that the investigation into the alleged manipulation of the Sewol ferry's original DVR, which stored CCTV footage serving as evidence in the professional negligence resulting in death case involving the Coast Guard's 123 patrol ship, has progressed considerably. However, since a special prosecutor's investigation is scheduled, related records will be handed over to the special prosecutor.

Im said, "Even if cases cannot be prosecuted, the unit deemed it very important to investigate all raised suspicions to clarify the truth, and we did our best to thoroughly verify the facts. Going forward, our unit will do its utmost to maintain the prosecution so that appropriate sentences are imposed in the cases we have prosecuted."

Previously, the prosecution formed a joint investigation headquarters with the police at the Mokpo branch of the Gwangju District Prosecutors' Office, which has jurisdiction over the accident area, to investigate the causes of the Sewol ferry disaster.

Separately, the Incheon District Prosecutors' Office investigated corruption allegations involving Cheonghaejin Marine Company, the Sewol ferry operator, while the Busan District Prosecutors' Office special investigation team investigated shipping and port corruption in the Busan and Gyeongnam regions. They prosecuted Captain Lee Jun-seok of the Sewol ferry, crew members, executives of the shipowner company, and safety supervision officials.

However, criticism arose that responsibility and punishment for the so-called 'upper echelons' were not properly addressed, and with new suspicions raised by the Special Investigation Commission on Social Disasters, the prosecution, under the direction of Prosecutor General Yoon Seok-youl, formed the Sewol Special Investigation Unit to continue the investigation.