Lee Jong-seop's Side on Colonel Park Jeong-hoon's Acquittal: "They Have Become the Tang Army"

"The Court Needs to Study the Crime of Insubordination Again," Statement Released
"Confident Military Prosecution's Appeal Will Be Corrected in Civilian Court"

Colonel Park Jeong-hoon, former head of the Marine Corps Investigation Unit, is attending a press conference after being acquitted in the first trial held at the Military Court of the Ministry of National Defense in Yongsan-gu, Seoul, on the morning of the 9th. Photo by Yonhap News

Former Marine Corps Investigation Unit Commander Park Jeong-hoon (Colonel), who was indicted on charges of insubordination and defamation of a superior officer related to the death of Marine Corporal Chae, was acquitted in the first trial on the 9th. In response, former Minister of National Defense Lee Jong-seop's side expressed strong opposition, stating that it is "difficult to accept from the perspectives of factual recognition and legal reasoning."

Kim Jae-hoon, the lawyer representing former Minister Lee, said in a statement to reporters covering the High-ranking Officials' Crime Investigation Office (HOCI) that he is "confident that the military prosecution will appeal and the decision will be corrected in a civilian court" regarding the Central Regional Military Court's acquittal. Appeals of military court trials are handled by the Seoul High Court.

Lawyer Kim further argued, "Regardless of the order's propriety, if a superior's order is unjust, doesn't the crime of insubordination under the Military Criminal Act apply?" He claimed this is "clearly contrary to Supreme Court precedents." He also said, "The court needs to study the crime of insubordination again." Regarding the acquittal on the charge of defamation of a superior officer, he stated, "Only Colonel Park claims to have heard the question, 'Is the division commander also subject to punishment?'" and added, "This is completely incomprehensible from a common-sense perspective. It is a forced acquittal logic." He added, "Now, the South Korean military has become like the Tang Dynasty army, where subordinates can question the propriety of a superior's order, refuse to obey if they think it is unjust, and subordinates who carry out orders without properly reviewing their unconstitutionality or illegality are punished as accomplices with their superiors for crimes such as treason."

Former Marine Corps Investigation Unit Commander Park Jeong-hoon, former Marine Corps 1st Division Commander Lim Seong-geun, and former Minister of National Defense Lee Jong-seop attending the National Assembly Legislation and Judiciary Committee. Photo by Kim Hyun-min

Earlier, former Minister Lee is under investigation by the HOCI for allegedly exerting undue pressure during the Marine Corps Investigation Unit's investigation of Corporal Chae's death and the subsequent transfer of the case to the police. He appeared before the HOCI for a brief four-hour investigation three days after being appointed ambassador to Australia in March last year, then departed for Australia but resigned amid controversy over fleeing. Meanwhile, the Central Regional Military Court acquitted former Colonel Park, who was indicted on charges of insubordination and defamation of a superior officer. The court ruled that the Marine Corps Commander did not have the authority to order the suspension of the case transfer. It also found it difficult to conclude that there was intent to defame the superior officer.