A bench warrant requested by the special counsel team investigating the death of a Marine for former Defense Minister Lee Jong-sup was rejected by the court on the 24th. The court stated, “There is room for dispute regarding the charges related to the alleged ‘investigation pressure’ in the death of the late Corporal Chae Soo-geun,” and did not recognize the necessity of the warrant. Bench warrants requested for other defense and military officials—including former Legal Affairs Officer Yoo Jae-eun, former Prosecution Team Leader Kim Dong-hyuk, former Military Aide Park Jin-hee, and former Marine Corps Commander Kim Gye-hwan—were also rejected.
Former Marine Division 1 Commander Im Seong-geun, who faces charges of professional negligence resulting in death over Corporal Chae’s death, was arrested the same day. Former 11th Artillery Battalion Commander Choi Jin-kyu, whose warrant was also requested, avoided arrest.
The special counsel’s attempt to secure key suspects simultaneously has effectively failed, likely dealing a significant blow to the investigation’s momentum. Particularly regarding the ‘investigation pressure’ allegations, controversy over the legitimacy of the special counsel’s investigation itself is expected to arise.
◇‘Investigation Pressure’ Suspicions: Bench Warrants for 5 Individuals Rejected
Presiding Judge Jeong Jae-wook of the Seoul Central District Court’s warrant division ruled around 2:40 a.m. that day, “The necessity and appropriateness of detention are difficult to recognize,” and dismissed the bench warrants for the former minister and four others. Judge Jeong stated, “While basic factual relationships are somewhat clarified, there is room for legal dispute regarding the main charges. It seems appropriate to determine responsibility or its extent through sufficient debate and review during the trial process.”
He added, “Considering the extensive investigation conducted over a long period, which has already collected significant evidence, the progress of the investigation, the suspects’ attendance and testimony attitudes, the need to guarantee defense rights, and the principle of non-detention investigations, the warrants were dismissed.”
This is the first time the court has directly addressed the ‘investigation pressure’ allegations in Corporal Chae’s case. The former minister and others are accused of systematically intervening to overturn the initial investigation results by the Marine Corps investigation unit, which applied charges of professional negligence to former Marine Division 1 Commander Im Seong-geun, following former President Yoon Suk-yeol’s so-called ‘VIP anger’ incident in July 2023. The special counsel requested a bench warrant for the former minister on six charges, including abuse of authority, invalidation of official documents, fabrication and use of false official documents, disclosure of official secrets, forgery and use of public electronic records, and instigation of perjury. However, the court concluded that non-detained prosecution and debate during the trial were appropriate.
Although the special counsel emphasized evidence destruction by the former minister during the substantive warrant review the previous day, the court did not accept this. Given that over two years of extensive investigations by the Corruption Investigation Office for High-ranking Officials and the special counsel team investigating the death of a Marine have already gathered sufficient evidence, the court deemed it unlikely that the former minister would further destroy evidence.
Analysts suggest that the special counsel’s failure to arrest the former minister and other defense officials will weaken the remaining investigation. Particularly, the court’s inability to legally substantiate core charges like abuse of authority may hinder the investigation into former President Yoon Suk-yeol, who is suspected of exerting pressure by angrily questioning whether punishing a division commander was appropriate after reviewing the Marine Corps’ initial investigation. The special counsel is currently coordinating the investigation date and method with former President Yoon’s side.
◇Only Im Seong-geun Arrested for ‘Evidence Destruction’
In contrast, former Division 1 Commander Im Seong-geun could not avoid arrest. Presiding Judge Lee Jung-jae of the Seoul Central District Court’s warrant division issued the bench warrant requested by the special counsel team investigating the death of a Marine, stating, “There is concern about evidence destruction.”
Former Commander Im faces charges of professional negligence resulting in death related to the 2023 July incident where Corporal Chae was swept away by a rapid current during a flood victim search operation. The special counsel alleges that Im’s de facto orders for “underwater searches” and other reckless directives led to Corporal Chae’s death. He also faces charges of violating military regulations by actively directing grid-based searches despite operational control having been transferred to the Army’s 50th Division.
Judge Lee accepted the special counsel’s claim that Im attempted to coerce statements from involved parties and obstruct the investigation from immediately after Corporal Chae’s death until recently. However, the warrant for former Battalion Commander Choi was dismissed, with the court stating, “The basic facts are acknowledged, and significant evidence has been collected, making it difficult to view evidence destruction as a concern.”
With most bench warrants requested by the special counsel team investigating the death of a Marine rejected, criticism over ‘investigation stagnation’ is expected to grow. Since its launch in July, the team has conducted dozens of seizures and investigated over 200 suspects and witnesses but has only arrested former Commander Im. On July 22, a bench warrant request for former Commander Kim Gye-hwan was also dismissed. At this stage, even with supplementary investigations, it is highly likely that key suspects like the former minister will be referred to trial without detention.