All Moon Jae-in Administration Security Officials Acquitted in 'West Sea Civil Servant Shooting Cover-up' Case

[Financial News] Seo Hoon, former Director of the National Security Office, and other security officials from the Moon Jae-in administration, who were indicted for allegedly covering up the 2020 Killing of a South Korean Civil Servant in the West Sea, were acquitted on all charges in the first trial.
On the 26th, the Criminal Agreement Division 25 of the Seoul Central District Court (Presiding Judge Jee Kui-yeon) acquitted Seo Hoon, Park Jie-won, former Director of the National Intelligence Service (NIS), Suh Wook, former Minister of National Defense (MND), Kim Hong-hee, former Commissioner of the Korea Coast Guard (KCG), and No Eun-chae, former Chief Secretary to the NIS Director, of all charges including abuse of authority.
The court found that none of the 25 charges against the defendants were proven beyond a reasonable doubt. The court examined two main issues: whether there were procedural violations in the process of confirming and investigating the disappearance, shooting, and incineration of the deceased, and whether the determination of defection and its basis were false. It concluded that neither could be substantiated.
First, the court did not recognize any procedural illegality in the reporting and investigation process following the incident. It stated, "It is difficult to find circumstances indicating that the reporting of the disappearance, the reporting and dissemination of the shooting and incineration, the responses of the National Security Office, MND, and NIS, or the KCG investigation and announcement of results, violated procedures or deviated from the chain of command." The court also noted that the meeting results and decision-making processes were documented, and there was no evidence of concealment.
The court also rejected the prosecution's claim that the reports and press releases regarding the incident were false. It acknowledged that, in hindsight, the judgments may have been hasty or insufficiently supported, but stated that this does not amount to a falsehood.
The court's view on the alleged concealment of the shooting and incineration of the deceased also differed from the prosecution's. Citing then-President Moon Jae-in's directive to "inform the public of the facts as they are," the court found the claim that the defendants violated this order and attempted a cover-up to be unconvincing.
Regarding the 'forced defection theory,' the court stated, "While the timing of the judgment may have been hasty or the content insufficiently thorough, there is no evidence that the meetings or investigations were conducted to fit a predetermined conclusion or direction."
Finally, the court found insufficient evidence to conclude that the authorities' determination that the deceased had defected to North Korea and the basis for that determination were false.
However, the court clarified, "This ruling does not establish whether the deceased actually defected to North Korea." It added, "This is merely a response to the charges presented by the prosecution, and the court only determined whether the evidence submitted was sufficient to find the defendants guilty beyond a reasonable doubt."
Immediately after the acquittal, Seo Hoon told reporters, "I believe the court has accurately determined the substantive truth as it is," and added, "From the beginning, this case was pursued excessively by the previous administration and the prosecution." Park Jie-won also expressed his thoughts, saying, "I am grateful to the public who trusted us and to the court for its wise judgment," and "We will strive further to ensure that neither the prosecution nor the NIS become politicized."
In contrast, the deceased's brother, Lee Rae-jin, expressed dissatisfaction, stating that there was no mention of the professional details of the maritime incident. He said, "I find it difficult to accept the verdict, and the judgment was quite absurd," adding, "Going forward, I will consult with my lawyer and various experts to determine how to fight and how to proceed with further legal action."
The Killing of a South Korean Civil Servant in the West Sea occurred in September 2020, when a Ministry of Oceans and Fisheries official was shot and killed by North Korean soldiers in the West Sea. After a change in administration, the Board of Audit and Inspection (BAI) and the Prosecution Service investigated the case in June 2022, leading to indictments later that December.
Seo Hoon was brought to trial on charges of ordering a 'security lockdown' at a ministerial meeting attended by the Republic of Korea Joint Chiefs of Staff (ROK JCS) and the KCG around 1 a.m. on September 23, 2020, the day after the official was killed, allegedly to cover up the incident. Kim Hong-hee was indicted for distributing false materials, while Park Jie-won, Suh Wook, and No Eun-chae were charged with complicity in document deletion.
At the sentencing hearing last month, the Prosecution Service sought a four-year prison term for Seo Hoon, two years in prison and two years of disqualification for Park Jie-won, and three years in prison for Suh Wook. Kim Hong-hee and No Eun-chae were also each sought three years and one year in prison, respectively, with an additional one-year disqualification for No Eun-chae. However, none of these requests were accepted.
scottchoi15@fnnews.com Choi Eun-sol Reporter