'Alleged Obstruction of the Investigation into Marine Corporal Chae': First Trial for Lee Si-won and Lim Ki-hoon... “Evidence and Indictment Allegations Must Be Reorganized”

[Financial News] The first formal trial was held for former presidential office aides and former senior police officials indicted on charges of exerting undue pressure during the investigation into the death of Marine Corps Corporal Chae Soo-geun, including leaking investigative information and ordering the retrieval of case records.
The Seoul Central District Court’s 32nd Criminal Division, presided over by Judge Ryu Kyung-jin, held the second pretrial hearing on the 15th for former secretary Lee Si-won, former National Security Office deputy secretary for defense Lim Ki-hoon, former Gyeongbuk Provincial Police Agency chief Choi Ju-won, and former agency investigations chief Noh Gyu-ho. The two sides clashed over evidence related to each charge brought by the special counsel, and another pretrial hearing is scheduled for next month to separate the proceedings and examine the evidence.
During the floods in Yecheon County, Gyeongbuk Province, in July 2023, Marine Corps Corporal Chae was swept away by a torrent while searching for missing people and died. Park Jung-hoon, then head of the Marine Corps Investigation Group, compiled preliminary findings that there was a basis for occupational manslaughter charges against eight military officials, including Im Seong-keun, commander of the 1st Marine Division, and formally transferred them to the Gyeongbuk Provincial Police Agency, which had jurisdiction.
A subsequent order to suspend the process came from senior officials at the Ministry of National Defense, and the case records held by the Gyeongbuk Provincial Police Agency were retrieved that evening by the ministry’s Prosecutors’ Office. Park Jung-hoon was later removed from his post for disobeying orders from his superiors, booked on suspicion of insubordination under the Military Criminal Act, and referred for trial before a military court.
At the hearing that day, the court took into account that the individual acts specified in the charges and the legal issues involved were distinct, and decided to separate the proceedings by charge and organize the evidence list to ensure the trial proceeds efficiently. Defense lawyers either disputed the facts underlying their clients’ respective charges or argued that the actions constituted legitimate performance of official duties, conveying to the court positions that amounted to blanket denials of the charges. Choi’s side also claimed he was not guilty, arguing that handing over the investigation records did not constitute abuse of authority and obstruction of the exercise of rights.
The special counsel alleged that former secretary Lee Si-won and former deputy secretary Lim Ki-hoon had obtained in advance and leaked to the Ministry of National Defense and others confidential information related to the Marine Corps Investigation Group’s investigation and search-and-seizure operations, in an alleged disclosure of official secrets. The special counsel also charged former chief Choi Ju-won and former investigations chief Noh Gyu-ho with abuse of authority and obstruction of the exercise of rights, alleging that they ordered case records properly transferred by the Marine Corps Investigation Group to be returned to the Ministry of National Defense Prosecutors’ Office without following lawful procedures, thereby obstructing the police from exercising their independent investigative authority.
Lee Si-won’s side countered that the evidence submitted by the special counsel had been obtained unlawfully. It argued that a transcript secured by the Corruption Investigation Office for High-ranking Officials in connection with former commander Kim’s alleged offense had been passed to the special counsel via another special counsel. It also maintained that its request to inspect and copy materials to determine whether a search-and-seizure warrant had been issued had not been granted because the special counsel refused.
The court directed the special counsel to allow inspection and copying by the next hearing. It also ordered the evidence list reorganized, noting that it had not been separated by charge. The case against Lee Si-won and former National Security Office deputy secretary for defense Lim Ki-hoon on charges of disclosing official secrets will have one more pretrial hearing on the 17th of next month.
The case against former chief Choi and former investigations chief Noh on charges of abuse of authority and obstruction of the exercise of rights will be heard separately, as the evidence submitted is far removed from the alleged facts.
[email protected] Lee Chang-hoon Reporter