"President Yoon Must Accept Special Prosecutor"
The Democratic Party of Korea has expressed opposition to the police investigation results that decided not to prosecute former Marine Corps 1st Division Commander Lim Seong-geun in connection with the death of Marine Chae Sang-byeong, and urged President Yoon Seok-yeol to accept a special prosecutor investigation.
On the afternoon of the 8th, Kim Hyung-ryul, Head of the Investigation Department at the Gyeongbuk Provincial Police Agency, announced the investigation results of the Marine Corps soldier Chae Sang-byeong case. [Image source=Yonhap News]
The Democratic Party's Task Force (TF) for Fact-Finding on the Death of the Marine Corps Member held a press conference at the National Assembly Communication Office in Yeouido, Seoul, on the 8th, stating, "Former Division Commander Lim was not prosecuted and was even acquitted in the police's final investigation results," adding, "Moreover, the investigation review committee that decided not to prosecute held its meeting in secret, and the police thoroughly kept the review contents, voting results, and final announcement confidential. Is there anyone among the public who can accept such a secretive investigation result?"
The TF expressed that it is difficult to accept the decision not to prosecute former Division Commander Lim, who is accused of professional negligence resulting in death and abuse of authority. The TF stated, "Regarding the judgment on whether to establish joint perpetration of professional negligence resulting in death, it was said that 'although he did not have operational control authority, he was in a position to exercise substantial influence at the actual operational site,' but later it was said, 'it is difficult to consider that the division commander without operational control authority had a prior risk assessment obligation related to the search operation,'" emphasizing, "this is inconsistent."
Furthermore, "(According to the police investigation results) the instruction to 'go down to the waterfront and search in a grid pattern' was described in the military manual as emphasizing 'thorough and meticulous search,'" and "Former Division Commander Lim stated at the National Assembly Legislation and Judiciary Committee's special prosecutor law legislative hearing that 'grid-pattern search is an operation possible only on land, not underwater,' so did the police consider even an impossible instruction acknowledged by the suspect to be lawful?" they questioned.
They reiterated their demand for President Yoon to accept the special prosecutor law. The TF said, "President Yoon claimed, 'If the public is not convinced after seeing the investigation results, I will then propose to initiate a special prosecutor investigation first,'" adding, "Now that the police investigation results have come out like this, no more excuses are valid. Accept the special prosecutor law immediately."
The Gyeongbuk Provincial Police Agency's Criminal Mobile Unit decided on the same day to send six on-site commanders, including the commander of the 7th Brigade of the Marine Corps 1st Division, for prosecution on charges of professional negligence resulting in death in connection with the death of Marine Chae Sang-byeong. However, they decided not to prosecute former Division Commander Lim, who is accused of professional negligence resulting in death and abuse of authority. Former Division Commander Lim was reported to the police last August by lawyer Kim Kyung-ho, the legal representative of Lieutenant Colonel Lee Yong-min of the Artillery Battalion 7 Headquarters.
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