Battalion Commander Acquitted of Delaying Disciplinary Action,
Military Prosecutor Found Guilty of Submitting False Report
The battalion commander who was put on trial for attempting to cover up the sexual assault case involving the late Sergeant Lee Yeram, either by failing to report the incident or by submitting a false report, has been acquitted with a final verdict.
On July 3, the Supreme Court’s First Division (Presiding Justice Seo Kyunhwan) upheld the lower court’s acquittal of former battalion commander Kim (47), who had been indicted on charges including dereliction of duty and obstruction of the performance of official duties by fraudulent means. Meanwhile, former company commander Kim (32), who was Sergeant Lee’s direct superior and was indicted for defamation and other charges, and former military prosecutor Park (32), were each given a one-year prison sentence, suspended for two years.
Sergeant Lee reported in March 2021 that she had been sexually assaulted by Sergeant Jang, but the investigation was not properly conducted. After suffering secondary victimization, she took her own life in May of the same year.
Former battalion commander Kim was put on trial for failing to report that Sergeant Jang and victim Sergeant Lee had not been separated after the incident, and for delaying disciplinary proceedings despite being aware of attempts to appease Sergeant Lee and to cover up the case.
Former company commander Kim was charged with spreading false information about Sergeant Lee. Park, who was the official in charge of the case, was indicted for submitting a false report to his superiors in order to avoid responsibility for the delayed handling of the case.
The court of first instance acquitted former battalion commander Kim, stating, "Given that he did take various measures to prevent undue pressure, appeasement, or rumors regarding Sergeant Lee, it cannot be said that he took no action at all." The appellate court upheld this verdict.
Former company commander Kim and Park were found guilty and each sentenced to one year in prison. However, the court did not order immediate detention, citing a lack of concern about destruction of evidence. The appellate court reduced their sentences to one year in prison, suspended for two years, stating that "the sentence imposed by the court of first instance was somewhat heavy." The Supreme Court also found the appellate court’s decision to be appropriate.
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