Ex-Officials Freed in West Sea Scandal

Table of Contents

Background of the Case

The case involved several high-ranking officials from the Moon Jae-in administration, including former Cheong Wa Dae National Security Adviser Suh Hoon, former National Intelligence Service (NIS) Director Park Jie-won, and former Defense Minister Suh Wook. These individuals were indicted on charges related to the alleged cover-up of the killing of a government official in the West Sea. The incident involved Ministry of Oceans and Fisheries official Lee Dae-jun, who was shot and killed by North Korean forces in September 2020. His body was reportedly incinerated, but the initial narrative suggested that he had "voluntarily defected" to North Korea.

Acquittal in the First Trial

On September 26, all five defendants received not guilty verdicts in the first trial. The Seoul Central District Court Criminal Division 25, presided over by Judge Jee Kui-youn, ruled that there was insufficient evidence to support the charges. This ruling came three years after the indictment, which claimed that the defendants attempted to conceal the true circumstances of Lee's death and promote the defection narrative.

Prosecution's Argument

The prosecution argued that Suh and other security officials under the Moon administration deleted over 5,000 intelligence reports and documents from the Ministry of National Defense and the NIS to hide the facts about Lee’s death. However, the court rejected this claim, stating that all discussions, instructions, measures, and result reports related to Lee’s case were conducted through formal systems and procedures, with most records preserved in documents.

Court's Rationale

The judges noted that former President Moon Jae-in had instructed to "confirm the facts and inform the public truthfully," and that the defendants’ actions were carried out accordingly. It was difficult to accept the prosecution’s claim that the defendants defied the president’s instructions, which was considered the highest authority in state affairs.

The court also addressed suspicions that the Moon administration intentionally concealed Lee’s death and only admitted it after media reports. It stated that premature media announcements before confirming with North Korea or receiving official military reports were not an appropriate response.

Evaluation of the Defection Narrative

While the court clarified that the ruling did not address whether Lee defected to North Korea, it stated that it was difficult to conclude that Suh and others tried to frame Lee’s case as a defection. The judges noted that investigating the defection was naturally necessary, but there was no evidence that Suh and others instructed or were involved in pushing the "voluntary defection" narrative.

Criticism of Authorities' Judgment

The court pointed out that Suh and others were wrong not to take rescue measures after confirming intelligence about Lee’s disappearance, leading to his shooting and incineration by North Korea. The judges stated that the authorities, under the judgment that Lee would be rescued, took no particular measures, and he was shot and incinerated hours later. From a retrospective perspective, this was seen as an overly complacent judgment.

Reactions to the Verdict

After the ruling, Suh expressed that policy judgment issues should no longer be brought to criminal courts. Park and Suh also expressed welcome and gratitude for the not guilty verdict. However, a lawyer for Lee’s family protested, stating that the not guilty verdict lacked manifest rationality and social validity, and that a swift appeal was necessary.