Former Marine Corps Division Commander Im Sung-geun reads a statement upon his arrival at the special prosecutor's office for forensic observation on August 19 last year. [Yonhap News]  

Im Sung-geun, the former commander of the 1st Marine Division, who was identified as responsible for the death of Corporal Chae Su-geun and indicted, received a prison sentence in the first trial.

The Seoul Central District Court's Criminal Division 22 (Presiding Judge Cho Hyung-woo) sentenced former Division Commander Im to three years in prison on the 8th for charges of professional negligence causing death and injury, and violation of military law.

This sentence is lower than the five years requested by the Special Prosecutor's Team for the Death of Corporal Chae.

Park Sang-hyun, former commander of the 7th Brigade, and Choi Jin-gyu, former commander of the 11th Artillery Battalion, who were in charge of the flood-stricken area, were each sentenced to one year and six months of imprisonment.

Lee Yong-min, former commander of the 7th Artillery Battalion, who was the direct superior of the 7th Artillery Battalion Headquarters Company to which Corporal Chae belonged, was sentenced to 10 months of imprisonment, and Jang Mo, former commander of the 7th Artillery Battalion Headquarters Company, was sentenced to 8 months of imprisonment with a two-year suspension of execution.

Brigade Commander Park, Battalion Commander Choi, and Battalion Commander Lee, who were indicted without detention, were detained in court today on grounds of flight risk.

The court found Im, the former division commander, guilty of abandoning his duty of care, such as ordering a water search without providing safety equipment like life vests, for Corporal Chae, who died in a flood-stricken area in Yecheon County, Gyeongsangbuk-do, on July 19, 2023, as the commander of the deceased's superior unit.

The court also found the indictment to be true, stating that Division Commander Im gave specific search instructions, such as "a method of probing while going down to the water's edge," and issued various orders that led to the underwater search, such as demanding "chest waders."

The court stated, "Had the defendant simply mentioned 'do not go into the water' through Brigade Commander Park, the Marines would not have proceeded with the underwater search, and if they had been equipped, the victims would have been rescued promptly," adding, "The causal link between the defendant's professional negligence and the resulting outcome is sufficiently recognized."

Division Commander Im was also found guilty of exercising command authority, including on-site guidance and search method instructions, despite a separate order to transfer operational control to the Army at the time.

The court found Brigade Commander Park and Battalion Commander Choi guilty of abandoning their safety duties, such as issuing search orders without clear explanations regarding submerged and water's edge areas.

The court, in explaining the sentencing background, criticized the defendants, stating, "The defendants disregarded the risk to the lives of their personnel, which is essential in the process of achieving search results in dangerous areas."

Regarding Division Commander Im, the court criticized him, stating, "The direct cause for the personnel to enter the dangerous water was the defendant's unreasonable and erroneous orders. Had he entrusted the operation without such intervention, the search could have proceeded normally, and he bears the greatest responsibility for the accident."

The court further rebuked Division Commander Im, saying, "Even after the accident, they were eager to evade responsibility and conceal it. They sent lengthy emails and text messages to the bereaved family who were grieving the loss of their child. How can an offender send such messages to a victim?"

This is the first case prosecuted by the special prosecutor's team since its launch. It is also the first case among the 'main' Marine Corps special investigation cases to have a first-instance verdict.

The death of Corporal Chae is considered the main incident that led to subsequent allegations of investigation obstruction and cover-up, and the minister's alleged flight to Australia.