Indicted Last December, but Unable to Summarize Issues, Case Returns to Square One
Main Trial Expected to Be Possible Only in April
The trial addressing legal responsibility surrounding the Itaewon disaster is expected to stall again this month. On the 6th, the Seoul Western District Court announced that the case involving former Seoul Metropolitan Police Agency Public Safety Information Foreign Affairs Division Chief Park Seong-min and former Yongsan Police Station Intelligence Division Chief Kim Jin-ho, who were arrested and indicted on suspicion of deleting the Halloween risk analysis report, has been transferred to the Criminal Division 11 (Presiding Judge Bae Seong-jung) for handling.
Until now, Park and others had been tried under the Criminal Division 1 Single Judge Kang Seong-su of the same court. On the 3rd, during the second pretrial hearing for Park and others, Judge Kang stated, "Considering that much of the evidence overlaps, the case will be transferred to a collegiate panel."
Transferred While Organizing Issues... Back to Square One
The pretrial hearing is a procedure where the court organizes issues with the prosecution and defense and discusses methods of evidence investigation before the main trial begins. As a result, the case, which was indicted last December, has returned to the starting point without having its trial issues organized. Since the new panel must review the case records from scratch, it is expected that scheduling a hearing within this month will be difficult.
The Criminal Division 11 of the same court is the panel currently handling the case involving former Yongsan Police Station Chief Lee Im-jae and Yongsan District Mayor Park Hee-young, who were arrested and indicted on charges including professional negligence resulting in death or injury. Their first pretrial hearing is scheduled for the morning of the 17th. The panel is expected to decide whether to consolidate this case with that of former Chief Park and others during the first pretrial hearing.
Sungmin Park, Former Head of Public Safety Information and Foreign Affairs Division, Seoul Metropolitan Police Agency (Senior Superintendent) / Photo by Hyunmin Kim kimhyun81@
Related Investigations Ongoing... Procedural Renewal Difficult
Regardless of whether the cases are consolidated, the main trial for these cases is expected to be possible only around next month. The prosecution is restricting access to case records for review and copying due to ongoing related investigations, making procedural renewal difficult. Currently, the prosecution has indicted a total of 18 individuals (including corporations) related to the Itaewon disaster and is conducting investigations into charges of professional negligence resulting in death or injury involving the fire department and police.
Among the suspects under investigation by the prosecution, Seoul Metropolitan Police Agency Chief Kim Gwang-ho, who is charged with professional negligence resulting in death or injury, is a figure with direct or indirect influence on both cases involving former Chief Park and former Chief Lee. The Halloween risk analysis report, suspected to have been deleted under Park's instruction, was also reported to Chief Kim, according to the prosecution. Additionally, Chief Lee and Kim have been in dispute over the request to dispatch the riot police on the day of the disaster. Whether the riot police were requested in this case is directly linked to whether Chief Kim foresaw the disaster and took appropriate measures.
A prosecution official stated, "Chief Kim is under investigation for professional negligence resulting in death or injury," adding, "There are no changes." Earlier, the prosecution conducted two searches of Chief Kim's office in January. However, there has been little progress since then. The prosecution is expected to decide on indictment after summons and investigation of Chief Kim. Currently, the case is being handled by the Criminal Division 3 of the Seoul Western District Prosecutors' Office (Chief Prosecutor Kim Chang-su).
Detention Expiry Approaching... Joint Principal Offender Theory Also a Variable
While the prosecution's investigation and trial progress remain slow, the detention expiration dates for the detained defendants are approaching. Among the 18 individuals indicted by the prosecution so far, six have been detained and indicted, including former Chief Park, Mayor Park, and former Chief Lee. Former Chief Park and former Division Chief Kim were indicted on December 30 last year, and their detention period was extended once last month. Their detention expires in June. Mayor Park and former Chief Lee were indicted on January 20 and January 26, respectively, with their detention periods ending in July. Once the detention period expires, they will be released and face trial without detention.
The Special Investigation Headquarters of the National Police Agency, which conducted the investigation before the prosecution, applied the legal theory of joint principal offenders for negligence to these individuals. This theory defines legal responsibility for the disaster by arguing that even if they did not conspire, the joint negligence of two or more persons caused a single crime. However, courts have recently tended not to recognize the joint principal offender theory for negligence in disaster and accident cases. In relation to the Sewol ferry disaster, the ruling trend has been that since the degree of negligence varies among suspects, they should be held individually responsible rather than punished together.
It is uncertain whether the prosecution will adopt the joint principal offender theory for negligence in future trials as the Special Investigation Headquarters did. If the prosecution chooses this theory, the scope of the trial will broaden, likely prolonging the trial. In this case, detained defendants are more likely to be released and face trial without detention.
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