Central Regional Military Court Acquits in First Trial
"Difficult to View as an Order to Withhold Transfer"
Former Marine Corps Investigation Unit Commander Park Jeong-hoon (Colonel), who was indicted on charges of insubordination and defamation of a superior officer in connection with the initial investigation of the death of Marine Corporal Chae, was acquitted. The Central Regional Military Court delivered this verdict to Colonel Park on the 9th during the first trial sentencing hearing. This trial outcome is expected to have repercussions on the efforts to uncover the truth regarding the alleged investigation interference.
In the closing arguments of the sentencing hearing, Colonel Park’s defense team argued, "There was illegal external pressure, and Marine Corps Commander Kim Gye-hwan did not issue an order to withhold the transfer of records; even if such an order existed, it was due to external pressure and cannot be considered a legitimate command," insisting that "an acquittal must be rendered." In response, Colonel Park stated, "I had no intention, purpose, or will to defame the minister’s honor."
Regarding this, the court stated, "We did not make a separate judgment on whether the order to withhold the transfer of records was a legitimate command," and added, "Based solely on the evidence submitted by the military prosecutor, it is difficult to conclude that the commander gave a specific and individual order to the defendant to withhold the transfer of records beyond meetings or discussions."
The court also noted that during media interviews, Colonel Park responded to various questions using value-neutral expressions, explaining, "Based solely on the evidence submitted by the military prosecutor, it is insufficient to establish intent to defame."
On July 30, 2022, Colonel Park reported the investigation results of the Marine Corps Investigation Unit directly to former Minister of National Defense Lee Jong-seop. Former Minister Lee approved (signed) the report but then instructed former Marine Corps Commander Kim Gye-hwan to withhold the transfer to the police. Although former Commander Kim stated that he conveyed this instruction to Colonel Park, Park handed over the related documents to the Gyeongbuk Provincial Police Agency, the competent police authority, on August 2.
The military prosecution charged Colonel Park on July 19, 2023, with insubordination for not following the order from then-Marine Corps Commander Kim Gye-hwan to withhold the transfer of the investigation results of the Marine Corporal Chae’s death case to civilian police. Additionally, on October 6, 2023, he was indicted on charges of defamation of a superior officer for allegedly distorting statements made by then-Minister of National Defense Lee Jong-seop during media interviews, causing the public to perceive that the minister had issued improper orders.
The trial of Colonel Park, which began on December 7, 2023, involved a total of 10 hearings up to the sentencing hearing on November 21 last year. Numerous military personnel and related individuals, including the Ministry of National Defense’s Policy Director, Legal Affairs Officer, Spokesperson, Military Aide, Marine Corps Deputy Commander, Secretary General, Public Relations and Information Officer, and members of the Marine Corps Investigation Unit, appeared as witnesses. On February 1 last year, Commander Kim Gye-hwan appeared in court as the first sitting Marine Corps commander to testify in a military court trial. Former Minister Lee Jong-seop also appeared as a witness on September 3.
During the trial, the court accepted a request from the defense to send a written inquiry to President Yoon Suk-yeol’s side regarding the so-called ‘VIP rage rumor,’ but the president’s side refused to respond, citing "matters related to national security."
At a press conference held immediately after the sentencing hearing at the Central Regional Military Court in Yongsan, Colonel Park said, "Today’s just trial was only possible because of the support, encouragement, and backing of the people."
He expressed gratitude, saying, "Looking back, the year and a half since the death of Corporal Chae was a difficult and challenging time for me, but enduring and overcoming it was only possible because of the support and encouragement from the people here today."
Colonel Park emphasized, "To keep my promise to Corporal Chae that ‘there will be no injustice in your death,’ there is still a long and difficult road ahead. However, I will never waver, despair, or look back; I will focus forward and devote all my efforts to keeping that promise." He added, "I believe that is exactly what justice and the rule of law mean."
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