Appeals by Park Sanghyeon, Choi Jingyu, Lee Yongmin, and Others All Dismissed

Im Sunggeun, former commander of the 1st Marine Division and the officer responsible for the death of Private First Class Chae Sugun (then a Private), was sentenced to imprisonment in the appellate trial as well.

Im Sunggeun, former commander of the 1st Marine Division, appeared as a defendant before the Special Investigation Team for Fallen Marines on October 27 last year. Photo by Dongjoo Yoon

Im Sunggeun, former commander of the 1st Marine Division, appeared as a defendant before the Special Investigation Team for Fallen Marines on October 27 last year. Photo by Dongjoo Yoon

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On August 7, the Seoul High Court’s Criminal Division 4-3 (Presiding Judges Jeon Ji-won, Kim In-gyeom, and Seong Ji-yong) sentenced former commander Im to three years in prison on charges including involuntary manslaughter due to occupational negligence and violation of military law orders.


The appeals filed by Park Sanghyeon, former commander of the 7th Brigade, Choi Jingyu, former commander of the 11th Artillery Battalion, Lee Yongmin, former commander of the 7th Artillery Battalion, and Jang (surname only), former commander of the 7th Artillery Battalion headquarters company, were all dismissed.


The appellate court determined that former commander Im was negligent by emphasizing aggressive and offensive operations, even though the search conditions were dangerous. The court also considered that Im’s comments regarding chest waders were interpreted at the frontline as instructions to “go underwater and actively search for the missing person.”


Previously, the first trial found Im guilty of the major charges and sentenced him to three years in prison. Park, the former 7th Brigade commander, and Choi, the former 11th Artillery Battalion commander, were each sentenced to 18 months in prison. Lee, the former 7th Artillery Battalion commander and direct superior of the headquarters company to which Chae belonged, was sentenced to 10 months in prison, and Jang, the former headquarters company commander, was sentenced to 8 months in prison with a 2-year suspension.



Former commander Im was brought to trial for breaching his duty of care—on July 19, 2023, at a flood disaster site in Yecheon, North Gyeongsang Province, he ordered the underwater search without providing safety equipment such as life jackets. Although a fragmentary order had been issued to transfer operational control to the Army at the time of the accident, he did not comply, exercising field command and giving directions for the search, which led to further charges.


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