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Military Human Rights Center "Suspicion of External Pressure Even During Ministry of National Defense's Review of Chae Sang-byeong Case"

The Center for Military Human Rights argued that there were suspicions of external pressure even during the Ministry of National Defense's review of the Marine Corps 'Corporal Chae's line-of-duty death case.'


Military Human Rights Center "Suspicion of External Pressure Even During Ministry of National Defense's Review of Chae Sang-byeong Case" Im Tae-hoon, Director of the Military Human Rights Center
Photo by Yonhap News

At a press conference held on the 30th at its office in Mapo-gu, Seoul, the Center stated, "Former Minister of National Defense Lee Jong-seop appeared to agree with the legal judgment to refer six individuals, including former Marine Corps 1st Division Commander Im Seong-geun, to the police after receiving the document prepared based on the review results by the Ministry of National Defense Investigation Headquarters. However, the judgment was reversed after the meeting on August 17 last year," asserting this.


Initially, the Ministry of National Defense Investigation Headquarters, while reviewing the investigation records of the Marine Corps investigation team, judged that six of the eight suspects, excluding two junior officers, including former Division Commander Im, should be handed over to the police. However, on August 21 last year, they suddenly excluded former Division Commander Im and only referred two battalion commanders, which raised concerns.


Earlier, a media outlet reported that former Minister Lee held a meeting with officials from the Ministry of National Defense Investigation Headquarters four days before announcing the final results on August 17 last year, during which the investigation headquarters officials reportedly concluded that the criminal charges against six individuals, including former Division Commander Im, were valid.


The Center explained that on August 14 last year, the Ministry of National Defense Investigation Headquarters investigation team sent a document titled 'Legal Judgment on Marine Corps Investigation Contents' reviewing the investigation materials of Corporal Chae's case to the Minister of National Defense and the head of the Ministry of National Defense Prosecution, and until then, former Minister Lee had no objections to referring former Division Commander Im to the police.


They based this on a phone conversation on the same day between former Minister Lee and Kim Yong-won, the Military Human Rights Protection Officer of the National Human Rights Commission. In a recent statement by Officer Kim, it was written, "In a phone call with the Minister of National Defense, (the Minister) responded that it was difficult to see charges against two junior officers among the investigation subjects and planned to return the case accordingly." Despite this, the narrowing of referral targets from six to two is claimed by the Center to be due to some form of external pressure.


The Center said, "This is similar to the case where former Minister Lee approved the Marine Corps investigation team's results on July 30 last year but reversed the decision the next day," adding, "If external pressure was applied to the Marine Corps investigation team on July 31, then between August 14 and 21, a second external pressure was applied to the Ministry of National Defense Investigation Headquarters." They further stated, "Both reversals share the commonality of preventing the referral of former Division Commander Im as a suspect to the police. The suspicion of the second external pressure must also be thoroughly investigated through a special prosecution."


Former Minister Lee's side denied the Center for Military Human Rights' allegations as "groundless." Kim Jae-hoon, a lawyer representing former Minister Lee, stated in a press release sent to reporters in the afternoon, "Former Minister Lee had not received any interim reports from the Ministry of National Defense Investigation Headquarters until he received the review results report on August 20," and claimed, "(The document disclosed by the Center for Military Human Rights) was not reported to former Minister Lee."


Former Minister Lee's side added, "That official document was an inquiry for opinions from the Ministry of National Defense Prosecution and the Legal Affairs Management Office before a conclusion was reached regarding the review, not a document for interim reporting on the Ministry of National Defense's review," and added, "The recipient was the Military Judicial Policy Officer, a practical officer belonging to the Legal Affairs Management Office."


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