'Death of Recruits During Physical Training' Company Commander and Deputy Platoon Leader Sentenced to 10 and 7 Years in Prison

"Rationalizing it as an accident"

The prosecution has requested prison sentences of 10 years and 7 years respectively for the company commander and deputy company commander of the Army's 12th Division Recruit Training Battalion, who were charged with causing the death of a trainee by ordering military discipline training that violated regulations.

The Chuncheon District Court Criminal Division 2 (Presiding Judge Kim Seong-rae) held the closing arguments on the 12th for Kang Mo (27, Captain) and Nam Mo (25, Lieutenant) on charges of abuse resulting in death and abuse of authority through harsh treatment. The prosecution explained the reason for the sentencing request, stating, "The defendants could have prevented the victim's death but caused a serious outcome, and tried to justify their wrongdoing by calling it an 'accident.'"

A company commander (captain) suspected of conducting military discipline training (physical punishment) in violation of regulations related to the death of a recruit in the Army's 12th Division is leaving the court after completing a pre-trial detention hearing at Chuncheon District Court in Gangwon on June 21. Photo by Yonhap News

The prosecution pointed out, "If the commanders had judged whether it was appropriate to conduct military discipline training, or if they had followed legal standards or immediately transferred the victim to a hospital upon sensing abnormal conditions, the death could have been prevented." They added, "In our country, which adopts conscription, families who must send their children to the military and those about to enlist have lost trust in the military," emphasizing, "Public trust has been seriously damaged."

In his final statement, Kang tearfully said, "I pray for the deceased's peace and sincerely apologize to the bereaved family," and added, "I will repent in pain for the rest of my life." He continued, "I am sorry to everyone who is angry about the damage to the military's honor caused by my wrong judgment," and requested, "Please impose an appropriate punishment."

Kang's lawyer acknowledged the charges but argued, "A legal review is necessary to determine whether the military discipline training goes beyond abuse of authority through harsh treatment and qualifies as abuse resulting in death under the Constitution." Nam also apologized to the bereaved family in his final statement, saying, "I feel guilty for leaving an indelible scar with my actions."

On the same day, the mother of trainee Park appealed in court, saying, "I hope that through severe punishment, hope will be given to all anxious parents who must send their children to a military where their lives are not guaranteed."

Detachment Commander Under Custody After 'Drill Disciplinary Trainee Death' Hearing. Yonhap News

The two are accused of conducting military discipline training that violated regulations on six trainees at the 12th Division Recruit Training Battalion in Inje-gun, Gangwon Province, on May 23, and failing to take appropriate measures for trainee Park, who fainted, resulting in his death. The prosecution judged that the illegal military discipline training, which can be seen as abusive behavior, was the cause of death and indicted them on charges of abuse resulting in death rather than criminal negligence causing death.

Kang Seok-min, the legal representative for the bereaved family of trainee Park and five other affected trainees, said, "The bereaved families consider the requested sentences insufficient," and added, "The defendants are still avoiding responsibility, so it is difficult to see this as a sincere apology."

The sentencing hearing will be held on the 12th of next month.

On June 19th, a soldier is paying tribute to the deceased at the memorial incense altar set up by the 12th Army Division at Yongsan Station Plaza in Seoul. Photo by Yonhap News.