The judiciary is set to issue its first ruling on Lim Sung-geun, former commander of the Marine Corps 1st Division, who was indicted and detained on charges including issuing excessive underwater search orders that led to the death of a Marine. An appellate ruling is also expected on former Prime Minister Han Duck-soo, who was sentenced to 23 years in prison at the first trial on charges including engaging in key duties during an insurrection.
According to legal circles on Wednesday, the Seoul Central District Court's 22nd Criminal Division (presided over by Judge Cho Hyung-woo) will hold a sentencing hearing on Nov. 8 for Lim, who was indicted on charges including professional negligence resulting in death. This marks the first criminal liability ruling approximately two years and 10 months after the related incident occurred.
Corporal Chae died on July 19, 2023, during a search operation for missing persons caused by heavy rainfall in the Naeseongcheon area near Bomun Bridge in Yecheon County, North Gyeongsang Province. Lim was indicted last November on charges of causing Chae's death by ordering underwater approach without providing safety equipment. He also faces charges of exercising command authority by directly commanding the scene and dictating search methods, even though operational control had been transferred to the Army.
Lim's professional negligence case is the first indictment by the special counsel investigating the Marine's death (Special Counsel Lee Myung-hyun) and was also the reason the special counsel was launched. As the most important truth-finding case for the special counsel, prosecutors sought a five-year prison sentence for Lim last month. "The first question the bereaved family asked in tears after the incident was 'Why wasn't he wearing a life vest?'" the special counsel said. "They are still waiting for an answer, and the process of finding that answer has been anything but smooth." The special counsel added that Lim repeatedly issued excessive search orders, such as grid-pattern searches, and violated fragmentary orders, thereby infringing on inherent command authority. "Lim has denied all charges, taking the position that he has no legal responsibility because he did not have operational control," the special counsel criticized.
Lim, on the other hand, acknowledges moral responsibility but maintains that he did not commit crimes warranting criminal punishment. In his final statement, Lim said, "Staking the honor of my 38-year military career, I keenly feel command responsibility and moral responsibility as a commander, but I did not commit crimes warranting criminal punishment."
On Nov. 7, the day before Lim's first trial ruling, the appellate ruling for former Prime Minister Han on charges including engaging in key duties during an insurrection is scheduled. The ruling will be handed down by the Seoul High Court's 12-1 Criminal Division (presided over by Judge Lee Seung-cheol), a dedicated bench for insurrection cases. Han's case is the first appellate ruling on insurrection-related charges among cabinet members. In related first-trial cases, including that of former President Yoon Suk Yeol as the ringleader of the insurrection, courts have consistently ruled that "the Dec. 3 emergency martial law constitutes insurrection." This means the likelihood of the insurrection finding being overturned on appeal is low. Accordingly, the focus of this ruling is whether Han's original sentence will be maintained.
Han was indicted on charges of failing to prevent and abetting former President Yoon's illegal declaration of emergency martial law, as the prime minister serving as vice chairman of the State Council. He also faces charges of drafting and destroying an after-the-fact proclamation to remedy legal defects discovered in the initial martial law proclamation. In addition, Han is charged with perjury during Yoon's impeachment trial, where he testified to the effect that he "was not aware of the martial law proclamation."
The first-trial court found most charges guilty, except for the charge of using a false official document in connection with keeping the after-the-fact proclamation, and sentenced Han to 23 years in prison. This is eight years higher than the 15-year sentence sought by the insurrection special counsel (Special Counsel Cho Eun-suk) at the first trial. "The defendant turned away from the duties and responsibilities of the prime minister, thinking the Dec. 3 insurrection might succeed, and chose to participate as a member," the first-trial court emphasized. "In determining the sentence for an insurrection participant, factors such as minor damage or a short-duration martial law cannot be considered as sentencing grounds." At the final hearing last month, the special counsel requested the appellate court to "maintain the original sentence."
An appellate ruling is also expected on Nov. 8 for former prosecutor Kim Sang-min, who was indicted on charges including soliciting a nomination after delivering a "Lee Ufan painting" to Kim Jin-woo, the older brother of First Lady Kim Keon-hee.
Kim was indicted on charges of purchasing artist Lee Ufan's work "From Point No.800298" for 120 million won ($88,000) in January 2023 and delivering it to Kim Jin-woo, and then receiving assistance in soliciting nomination for the 22nd general election and in the process of being appointed as a legal special adviser to the National Intelligence Service. He also faces charges of illegally receiving 42 million won ($31,000) from a businessman surnamed Kim as campaign vehicle rental fees and insurance premiums while preparing to run in the 22nd general election.
The first-trial court found him not guilty of violating the Improper Solicitation and Graft Act but guilty of violating the Political Funds Act, and sentenced Kim to six months in prison, suspended for one year. The first-trial court determined there was no direct or indirect evidence that Kim delivered or handed over the painting to First Lady Kim. The special counsel also sought a six-year prison sentence for Kim on appeal.
