Marine Corps: "Failure to Comply with Commander's Orders is a Serious Military Discipline Violation"

The dismissal from duty of Colonel A, the head of the Marine Corps investigation team who investigated the death of the late Corporal Chae Su-geun, has been decided.


[Image source=Yonhap News]

[Image source=Yonhap News]

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On the morning of the 8th, the Marine Corps held a dismissal review committee meeting at the Marine Corps Headquarters, chaired by Vice Commander Jeong Jong-beom, and dismissed Colonel A from his position, notifying the individual of the result. In a written notice, Vice Commander Jeong stated, "The failure of the investigation team leader to comply with the commander's instructions regarding the timing adjustment of the transfer of the investigation results of Corporal Chae Su-geun's case constitutes a serious breach of military discipline," and added, "This corresponds to the 'grounds for dismissal before the resolution of the dismissal review committee.'" He further clarified, "It has been decided to dismiss the investigation team leader from his position as it is judged that it will be difficult for him to perform his duties going forward."


Until now, the legal representatives of the Marine Corps investigation team leader have argued that "insubordination cannot be established." Attorney Kim Kyung-ho, who represents Colonel A, pointed out, "Since there is an original order from the Minister of National Defense to transfer the investigation results to the police, any modification order must be in writing unless there are special circumstances, but no written modification order exists."


Earlier, on the morning of the 2nd, Colonel A transferred the investigation report on Corporal Chae’s death case to the Gyeongbuk Provincial Police Agency, and the Ministry of National Defense retrieved the case from the police that same afternoon. At the same time, the Ministry dismissed Colonel A from his position and filed charges against him for "leading collective insubordination." The dismissal review committee was convened in accordance with the Military Personnel Act, which allows immediate dismissal for serious breaches of military discipline but requires a committee resolution within one week.


Meanwhile, the police, who hold investigative authority, view the Corporal Chae case as an important case requiring inter-agency consultation. Legally, the police can initiate an investigation even if the military does not transfer the case, but due to the seriousness of the matter, coordination with the Ministry of National Defense is necessary. According to the Military Court Act revised last year, civilian investigative agencies are responsible for investigating deaths within the military when there is suspicion of criminal charges.



A police official explained, "Legally, the Gyeongbuk police can clearly initiate an investigation, but since this is an accident that occurred within the military," and added, "The Presidential Decree on 'Regulations on Investigation Procedures for Crimes Committed by Military Personnel Subject to Court Jurisdiction' stipulates the principle of mutual cooperation." He further elaborated, "After consultations with the National Investigation Headquarters of the National Police Agency and others, it has been determined that coordination processes such as the Ministry of National Defense handing over materials are necessary."


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