"Defection to North Korea in Mental Panic" Yeonpyeongdo Shooting Official Coast Guard Investigation Announcement Was Flawed

Human Rights Commission Investigates Complaint by Son of Killed Official
Finds Violation of Victim and Family's Honor and Privacy
Coast Guard Investigation Results Also "Cannot Be Considered Fair Announcement"

On October 24 last year, Lee Rae-jin, the brother of victim A, delivered a memorial speech at a rally commemorating the Yeonpyeong Island shooting victims near Gyeongbokgung Station in Seoul.
[Image source=Yonhap News]

[Asia Economy Reporter Lee Gwan-joo] Regarding the case of Mr. Lee, a government official who was shot and killed by North Korean soldiers in the waters near Yeonpyeong Island last September, the National Human Rights Commission of Korea (NHRCK) has determined that the Coast Guard’s investigation result announcement claiming he "defected to North Korea to escape reality due to a mental panic state" not only violates the human rights of the victim and his family but also does not correspond to the facts.

The NHRCK announced on the 7th that it judged the Coast Guard’s investigation result announcement in this case infringed on the family’s right to dignity and privacy, and recommended that the Commissioner of the Coast Guard issue a warning to the then Director of the Investigation Information Bureau and the Chief of the Criminal Division, as well as establish measures to prevent recurrence.

The son of the victim, Mr. Lee, filed a complaint with the NHRCK, stating, "The Coast Guard’s press conference describing the deceased as being in a ‘mental panic’ and disclosing his financial transaction details as evidence of defection is a human rights violation." On September 29 last year, during the second interim investigation announcement, the Coast Guard disclosed the total amount of Mr. Lee’s debts and gambling debts, and on October 22, during the third interim investigation announcement, they revealed the victim’s debt and other financial transaction details. The Coast Guard stated, "It is judged that Mr. Lee defected to North Korea to escape reality due to a mental panic state caused by gambling debts."

In response, the Coast Guard argued, "As the controversy over the victim’s defection did not subside and various suspicions arose, and the family raised new suspicions, it was inevitable to disclose Mr. Lee’s debt situation before his disappearance to clarify the motive for defection."

However, the NHRCK judged that the debt amounts announced by the Coast Guard could not be considered objective announcements based on sufficient data or facts, and that the disclosure was not necessarily required given the content and purpose of the announcement at the time. In particular, the investigation details regarding the debt situation fall within the realm of personal privacy and are directly related to honor, making it difficult to consider them as matters of public right to know.

Moreover, the NHRCK found that the Coast Guard’s announcement itself did not correspond to the facts. The Coast Guard claimed that the expression "mental panic state" was used to explain the motive for disappearance and was announced after consulting several experts on the confirmed facts at the time, but the NHRCK investigation revealed this was not true. The Coast Guard requested psychological state assessments from three experts; only one suggested a state of severe gambling addiction, while the other two stated that it was difficult to diagnose gambling disorder based on limited information. Accordingly, the NHRCK concluded, "It is difficult to see that the announcement was based on objective data or reliable expert opinions, and rather it appears to be based on the Coast Guard’s speculation and prejudice, thus it cannot be considered a fair announcement."

Regarding this NHRCK announcement, the family’s legal representative, Attorney Kim Ki-yoon, strongly criticized, "The Coast Guard’s basis for claiming defection, that is, the claim that Mr. Lee defected due to mental panic caused by heavy gambling debts, is not only false but also lacks credibility," adding, "The Coast Guard, which should protect the human rights of the people, has instead violated them." He also demanded, "The Commissioner of the Coast Guard, the Director of the Investigation Information Bureau, and the Chief of the Criminal Division should apologize to the bereaved family."