'Attempt to Conceal the Late Sergeant Lee Yeram Case' Battalion Commander Acquitted... Company Commander and Military Prosecutor Sentenced

The battalion commander who was charged with attempting to cover up the forced molestation case of the late Sergeant Lee Yeram by failing to report the victimization or falsely reporting it was acquitted.

The bereaved family and legal team of the late Sergeant Lee Yeram held a press conference on the 15th at the Seoul Central District Court in Seocho-gu after the first trial sentencing of Air Force officials involved in the "second victimization and inadequate investigation" of the late Sergeant Lee Yeram was concluded.
[Image source=Yonhap News]

On the 15th, the Seoul Central District Court Criminal Division 26 (Presiding Judge Jung Jin-ah) acquitted battalion commander Kim, who was charged with obstruction of official duties by deception. However, company commander Kim, who was charged with defamation, and military prosecutor Park, who was charged with dereliction of duty, were each sentenced to one year in prison. The court, however, did not order their immediate detention, judging there was no risk of evidence tampering.

The court explained the reason for acquitting battalion commander Kim, stating, "While the defendant had a duty to prevent secondary harm, the method of fulfilling this duty was something the defendant could appropriately judge, and it is difficult to conclude that there was a specific obligation to instruct the company commander or others at the time to prevent secondary harm." The court added, "Considering that the defendant took various measures to prevent undue pressure, persuasion, rumors, and dissemination regarding Sergeant Lee, it cannot be said that the defendant took no action."

On the other hand, former company commander Kim, who was tried together, was sentenced to one year in prison on the same day. Former company commander Kim denied the defamation charges, arguing that the statements did not have public significance, but the court ruled, "The defendant's statements can be evaluated as infringing on the victim's social value or reputation," and "Considering the circumstances under which the statements were made, their content, and the situation at the time, the statements were highly likely to be disseminated, thus the defendant is guilty."

Former military prosecutor Park, who was in charge of Sergeant Lee's forced molestation case, was found guilty of falsely reporting to superiors to avoid responsibility for the delay in handling the case. The court pointed out, "After receiving the case, the defendant conducted almost no investigation for about a month and a half, and even postponed the victim's interview schedule for personal convenience," and "After Sergeant Lee's death, when the delay in case handling became an issue, the defendant made false reports to the Air Force Headquarters Legal Office to conceal these facts."

Meanwhile, the sentencing was interrupted when Sergeant Lee's mother fainted and collapsed in the courtroom gallery while listening to the verdict. Immediately after the sentencing, Sergeant Lee's father shouted and wept toward former battalion commander Kim, who was acquitted. The bereaved family of Sergeant Lee told reporters after the verdict, "It is regrettable that the court based its judgment on precedents that narrowly recognize the scope of dereliction of duty," and added, "We hope the appellate court will definitely find the defendants guilty."

Sergeant Lee had reported being sexually harassed by Sergeant Jangmo in March 2021, but the investigation was not properly conducted, and after suffering secondary harm, she passed away in May of the same year.