"Itaewon Disaster, Overlapping Negligence of Police, Fire Department, and Local Governments"… Special Investigation Unit Revises 'Joint Principal Offender' Investigation Strategy

Special Investigation Unit References Seongsu Bridge Collapse Verdict
Easier to Prove Causality... But Number of Suspects May Increase
Family Pressure Intensifies Over Warrant Dismissal and Drug Test Requests
"No Investigation Conducted Regarding Drug Connection"

On the 29th, about a month after the 'Itaewon Disaster,' a vinyl cover was placed over the memorial space set up at the Itaewon disaster site in Yongsan-gu, Seoul, to protect it from rain. Photo by Kim Hyun-min kimhyun81@

The Special Investigation Headquarters (SIH) investigating the Itaewon disaster has revised its strategy to classify key institutional officials charged with professional negligence resulting in death or injury as 'joint perpetrators' rather than individuals. The logic is that multiple negligence issues, arising from each institution's negligence or failure to respond, collectively led to the disaster. Additionally, as dissatisfaction among the bereaved families grows over the dismissal of arrest warrants and requests for drug tests, the SIH has entered a phase of renewed determination to reapply for arrest warrants.

On the 9th, Kim Dong-wook, spokesperson for the SIH, stated at a briefing at the Mapo Police Station in Seoul, "From the beginning of the investigation, we have been investigating under the legal theory of joint perpetrators for professional negligence resulting in death or injury," and added that they are reviewing the verdict related to the 1994 Seongsu Bridge collapse accident. At that time, 17 officials involved in the Seongsu Bridge collapse were convicted by the Supreme Court as joint perpetrators of professional negligence resulting in death or injury.

The SIH adopted the joint perpetrator legal theory to prove the causal relationship between the actions of key institutional officials and the disaster. It is difficult to prove the crime if the legal theory is constructed based on a single suspect's sole offense. Spokesperson Kim explained, "Currently, we are primarily establishing the legal theory of joint perpetrators for negligent crimes by on-site agencies," and added, "If we construct the legal theory that the negligence of the police, fire department, and Yongsan District Office overlapped and caused this outcome, it will be easier to prove causality."

However, applying the joint perpetrator theory may increase the number of suspects. Broadly speaking, even some staff members who only handled part of the work could be effectively implicated as accomplices. Spokesperson Kim also said, "If such a legal theory is constructed, the recognition of joint perpetrators could be expanded to public officials with minor negligence during work processes, so the investigation must be conducted with caution," and added, "I understand that the courts also interpret the joint perpetrator theory for professional negligence resulting in death or injury strictly, considering these points."

[Image source=Yonhap News]

Meanwhile, as dissatisfaction among the bereaved families with the police investigation grows, pressure on the SIH is also intensifying. On the 5th, Judge Kim Yu-mi of the Seoul Western District Court, responsible for warrants, dismissed arrest warrants for former Yongsan Police Chief Lee Im-jae and former Yongsan Police Station 112 Situation Room Chief Song Byung-joo, somewhat hindering the SIH's investigation. On the 7th, the preparatory committee of the October 29 Itaewon Disaster Bereaved Families Association issued a statement saying, "It is questionable why the SIH failed to properly clarify concerns about evidence destruction or flight risk," and criticized, "If the SIH is committed to an unreserved investigation, it should promptly reapply for arrest warrants to secure the custody of the two former police officials."

The SIH also expressed a stance of putting all efforts into reapplying for arrest warrants. Spokesperson Kim said, "We have conducted supplementary investigations to reapply for arrest warrants and to apply for arrest warrants for key suspects in other agencies," and added, "Former Situation Room Chief Song Byung-joo underwent supplementary investigations not only for professional negligence resulting in death or injury but also regarding grounds for detention, and former Chief Lee Im-jae is also scheduled to appear for questioning soon."

Furthermore, the SIH actively clarified the backlash from bereaved families following requests for drug tests on personal belongings. Spokesperson Kim stated, "Immediately after the accident, suspicions were raised on social media (SNS) that someone near the scene who ate drug-laced candy vomited and collapsed, so we requested an analysis from the National Forensic Service to resolve this," and emphasized, "We did not investigate the victims for drug charges. The SIH has not conducted any investigation into a connection between this accident and drugs."