Im Seong-geun, former commander of the Marine Corps' 1st Division, reads a statement upon arriving at the Seocho-gu office of Special Prosecutor Lee Myung-hyun's team in October last year to attend a forensic examination. [Yonhap]
Im Seong-geun, former commander of the Marine Corps' 1st Division, reads a statement upon arriving at the Seocho-gu office of Special Prosecutor Lee Myung-hyun's team in October last year to attend a forensic examination. [Yonhap]

Im Seong-geun, the former commander of the Marine Corps' 1st Division identified as the person responsible for the death of Lance Cpl. Chae Su-geun, was sentenced to three years in prison on appeal — the same term he received at trial.

The Seoul High Court's Criminal Division 4-3, presided over by judges Jeon Ji-won, Kim In-gyeom and Seo Ji-yong, handed down the sentence Friday in Im's appeal trial on charges including occupational negligence causing death and injury. Park Sang-hyeon, former commander of the Marine Corps' 7th Brigade, and Choe Jin-gyu, former commander of the 11th Artillery Battalion, were each sentenced to one year and six months in prison — also matching their first-instance sentences.

In explaining the common sentencing rationale for all defendants, the court said the commanders had deployed marines to a disaster site "without even basic safety equipment, in conditions where the water depth could not be gauged," and that their failure to prevent danger — a duty they were obligated to exercise as commanders — had cost a marine his life.

The court added that had other marines swept away by the current been unable to escape, "it could have led to a mass casualty incident," and that "severe legal punishment is warranted."

Regarding Im specifically, the court said he had neglected his responsibility as division commander to look after the lives and safety of his troops, and that "he showed not even the minimum responsibility expected of a commander after the accident."

The court further said Im had "tried to conceal circumstantial evidence while insisting he bore no responsibility," had not been forgiven by the victims, and that the bereaved family was petitioning for the harshest possible punishment, saying Im deserved the severest sentence.

Im and the other defendants were found to have ordered marines to conduct waist-deep underwater searches without safety equipment during a missing-persons search operation near Yecheon-gun, North Gyeongsang Province, in July 2023, amid heavy rainfall. Lance Cpl. Chae was swept away by the current and died, leading to the charges against them.

Earlier, the special prosecutor's team led by Special Prosecutor Lee Myung-hyun had asked the court at the final appeal hearing in July to sentence Im to five years in prison.

At the time, the special prosecution team said the defendants had "taken the position of shifting responsibility onto lower-ranking commanders from the earliest stages of the investigation through to this courtroom," and condemned them, saying marines on the ground — including Lance Cpl. Chae — had borne the full consequences when unauthorized interference in violation of operational control created confusion in the chain of command and left a safety vacuum.

Im's defense, by contrast, argued for acquittal, saying an order to "search thoroughly" did not mean an underwater search and there was no reason to have ordered troops into a flooded area. The defense said a misunderstanding had spread widely that Im had ordered troops to wade into the river up to their knees.

In his final statement, Im pleaded for leniency, saying he had "felt the full weight of all moral responsibility without wavering since the accident," and that he had expressed his intent to resign twice — once as an apology to the deceased, the bereaved family and the victims, and once in the hope of receiving clemency.

Lance Cpl. Chae's mother, who appeared in court at the time, said Im "has evaded responsibility and denied guilt to the very end," adding that he had "even shown the audacity to shift blame onto his subordinates." She said she wanted to bring some comfort to her son, who she said had died unjustly.

The first-instance court had also sentenced Im to three years in prison, saying Lance Cpl. Chae, who was 20 years old, "lost his precious life just four months after enlisting in the Marine Corps," and that his parents had "lost a son they had struggled to conceive through IVF in their late thirties." The court said "the primary cause of the accident lay in the unreasonable orders of superiors," and that "it is only right to hold the commanders to serious account."


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