Marine Special Prosecutor Ends Investigation With Only One Detained, Mass Indictments Filed

Investigation Ends Without Clarifying Alleged "Lobbying to Save" Former Marine Division Commander Lim Seonggeun
28 Indicted Including Yoon; Only Former Commander Lim to Stand Trial in Custody

Special Prosecutor Myunghyun Lee and Deputy Special Prosecutor Sangbyung Chae are taking a commemorative photo after the plaque ceremony at the special prosecutor's office set up in Seocho-gu, Seoul on July 2.

The special prosecutor's team, led by Special Prosecutor Myunghyun Lee, which has been investigating allegations of external pressure and cover-up in the death of Marine Chae Sangbyung, concluded its 150-day investigation on November 28. The team has faced criticism for conducting an investigation that was nearly fruitless, as they managed to secure the custody of only one key suspect involved in the allegations.

The special prosecutor's team indicted a total of 28 individuals, including 16 key suspects in the investigation into allegations of external pressure and the suspicion of former Defense Minister Lee Jongseop fleeing to Australia, as well as former President Yoon Suk-yeol. The indicted also include five former and current senior officials from the Corruption Investigation Office for High-ranking Officials (CIO), including Director Oh Dongwoon; five individuals deemed responsible for Chae Sangbyung's death, such as former 1st Marine Division Commander Lim Seonggeun; and two military prosecutors.

Within the legal community, there was a prevailing opinion that this case did not warrant a special prosecutor, and ultimately, this investigation received the poorest evaluation among the three special investigations (Kim Keonhee, insurrection, Marines). In particular, the team is being criticized for excessive "abuse of prosecutorial discretion" for indicting a large number of suspects just before the investigation period ended, without securing custody of the main targets during the 150-day probe.

Regarding the first investigation target, the "late Marine Chae Sugun death" case, the team detained and indicted former 1st Marine Division Commander Lim Seonggeun and indicted four others, including former 7th Marine Brigade Commander Park Sanghyun, without detention, who were found responsible for Chae's death. For the second investigation target, the "external pressure on Marine Corps Investigation Team" case, former President Yoon and former Minister Lee, along with 12 others, were indicted without detention on charges including abuse of authority and obstruction of the exercise of rights.

In the third investigation target, the "CIO investigation obstruction" case, five people, including Director Oh and former CIO Chief Prosecutor Song Changjin, were brought to trial. For the fourth and fifth investigation targets, the "Lee Jongseop's escape as Ambassador to Australia" case, former President Yoon, former National Security Advisor Cho Taeyong, and six others, including senior Ministry of Justice officials at the time, were indicted without detention on charges of aiding and abetting a suspect's escape.

The sixth investigation target, the "lobbying for rescue" allegation, was closed without clarifying the substantive truth, as witnesses denied the allegations or refused to cooperate with the special prosecutor. The team suspects that Pastor Kim Janghwan (Chairman of Far East Broadcasting) and Lee Jongho, former CEO of Black Pearl Invest and a member of the "Stylish Marines" group chat, attempted to lobby former President Yoon and First Lady Kim Keonhee, respectively, to save former Division Commander Lim, who was named as a suspect in the Marine Investigation Team's report. However, this could not be confirmed within the designated investigation period.

It is reported that a total of 11 suspects received deferred prosecution or non-prosecution decisions, including two officers from Chae's unit, former National Security Office Defense Secretary Lim Kihun, and former Director of the Immigration and Foreign Policy Bureau of the Ministry of Justice Lee Jaeyu.

The problem is that the special prosecutor's team applied the charge of "abuse of authority and obstruction of the exercise of rights" to most of the defendants. This charge is notoriously difficult and complicated to prove, and the probability of a conviction in court is not high. For this reason, there are concerns that most of the charges brought by the special prosecutor's team may be dismissed during the trial process.

Starting November 29, the special prosecutor's team will shift to a full-fledged trial support system. The team responsible for the investigation will continue to handle the trial, and the number of personnel maintaining the prosecution is expected to be around 30.

Meanwhile, the special prosecutor's team led by Cho Eunseok, investigating the insurrection case, submitted a request for consent to arrest Choo Kyungho, former floor leader of the People Power Party, who is suspected of obstructing the National Assembly's vote to lift martial law. The Seoul Central District Court is expected to hold a warrant review for Choo in the near future.