"Obligation to Take Effective Measures Recognized"
The prosecution has appealed the first trial verdict of former Seoul Metropolitan Police Agency Chief Kim Kwang-ho, who was tried on charges including 'poor response to the Itaewon disaster.'
On the 23rd, the Seoul Western District Prosecutors' Office announced that it would appeal the first trial verdict, which acquitted former Chief Kim, who was charged with professional negligence resulting in death and injury. The prosecution also appealed against Yoo Mi-jin, then the 112 Situation Manager (Senior Superintendent) of the Seoul Police Agency, and Jeong Dae-kyung, former 112 Situation Team 3 Chief (Police Superintendent), who were also acquitted in court.
The prosecution stated the reason for the appeal, saying, "At that time, it was the first Halloween event after the easing of COVID-19 quarantine measures, and the scene had the particularity of being a structure with a very high risk of congestion accidents. Considering the responsibilities and authority granted to former Chief Kim by laws and manuals, he could have sufficiently foreseen the damage caused by the crowd concentration and thus had the obligation to take effective measures."
They added, "The laws and manuals specify that Senior Superintendent Yoo, who oversees the Seoul Police Agency 112 Situation Room, and Police Superintendent Jeong have the duty not only to receive reports on 112 emergency responses at the scene but also to analyze the reports to understand the situation and prepare countermeasures."
Earlier, on the 17th, the 12th Criminal Division of the Seoul Western District Court (Presiding Judge Kwon Seong-su) held the first trial sentencing hearing for former Chief Kim, Senior Superintendent Yoo, and Police Superintendent Jeong, and acquitted each of them.
The court stated, "It is clear that former Chief Kim had a general duty to manage and supervise the Yongsan Police Station, the accident area. However, what must be judged is the part concerning professional negligence to recognize criminal responsibility. Even considering the evidence submitted by the prosecution comprehensively, there is insufficient proof to recognize that he violated a specific and direct duty of care as the Seoul Police Chief during the pre-disaster response stage or on the day of the incident."
The prosecution had requested on the 2nd of last month that former Chief Kim be sentenced to five years in prison. They sought prison terms of three years and two years and six months for Senior Superintendent Yoo and Police Superintendent Jeong, respectively.
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