Key evidence on General Kim Gye-hwan's handphone of his conversation with the investigating colonel into Corporal Chae's death* was deleted according to leaked reports about the investigation. Destroyed files being forensically recovered could confirm or refute allegations of interference from the presidential office into the Marine Corps' negligent homicide investigation of the death of Corporal Chae. The key words from the Commandant referred to the "VIP," ostensibility President Yoon in this context, "blowing up' when he heard the contents of Colonel Park's referral for criminal investigation, and ordered that the investigation report of Col. Park be changed and resubmitted. Cpl. Chae's death happened on July 19, 2023. Colonel Park submitted his report on July 28 recommending police investigation of 8 military personnel, from the 1st Marine Division Commander, and lower ranks. The Secretary of Defense, Lee Jong-seop, cancelled the report and ordered it redone. Colonel Park submitted the report to the police anyway for investigation.
Marine Commandant Gen Kim Gye-gwan has publicly denied the allegations of Col. Park more than once, and when pressed on this matter again by the Office to Investigate Crimes by High Public Officials invoked his right to remain silent rather than answer. Gen. Kim's invocation of his right to remain silent had given rise to the wide spread belief that the rumors that the his deleted hand phone files were recovered and confirm that the Col. Park is telling the truth about Presidential Office interference into his investigation of Cpl. Chae's drowning death. According to a recent Hankyoreh report, a National Security Office staffer present confirmed the substance of the President's response at the meeting.**
Demonstrations in Seoul on the City Hall plaza led by the opposition parties, and their leaders Lee Jae-myung and Cho Guk, both victims themselves of politically inspired investigations believed to have been prompted by Yoon Seok-yeol, drew twenty thousand to the streets all day Saturday to listen to them and leaders of 20 social and civic organizations that support the passage of the special investigation legislation in a reconsideration of the vetoed bill next Tuesday near the end of the 21st session of the National Assembly. At this point, it's reported that the democratic "pan opposition" parties in the National Assembly need 17 defections from the conservative PPP party to attain a veto proof bill. It will be a secret ballot. 4 defections (ital pyo), from the PPP are apparently confirmed by PPP members who publicly supported passage of the bill. The High Public Officials Crime unit investigation is regarded as insufficient, both in scope, and its legal impact. The investigation has been slow walked so far because of lack of investigative resources by one account. In any case, their investigative findings and records will be forwarded to the prosecutors for further investigation and potential prosecution. The weakness there is that most Public Prosecutor District Branch Chiefs have been recently replaced with prosecutors close to, or known to be loyal to President Yoon, the former prosecutor general.
PPP Assembly members and party spokespeople say the Public Officials Crime investigation is enough, and no special investigation law is necessary. The opposition maintains that Yoon's recent vetoes of special investigation protects his own wrongdoing, or that of family members, his wife in particular. Therefore matters alleging presidential office misconduct cannot be handled without the appointment of a special investigation team. Cho Guk, who was a former law professor, made the case that other highly regarded law professors regard abuse of the veto power by the presidency, as a constitutional violation justifying impeachment. There must be a reasonably objective justification for a presidential veto. As a constitutional power it cannot be exercised simply to protect oneself or one's family members from investigation for criminal misconduct.
Yoon has vetoed ten bills passed by the National Assembly thus far in his administration. The only other president who had vetoed more was Syngman Rhee, the first president of South Korea whose administration, involved in politically motivated massacres and assassinations, was little more than an inept dictatorship by Korean standards compared to its later dictators.
What is the big deal? The South Korean republic shaken by the death of one young marine corporal? In South Korea, historically, the death of just one person, unjustly, unfairly or dismissed by officialdom for political purposes could be enough in some circumstances to cause a political storm. In this case, the interference by the administration in the negligent homicide investigation of Cpl. Chae's death appeared politically motivated, because the Defense Miniser Lee Jong-sup was implicated. Then the President Yoon unwisely appointed Lee as South Korea's ambassador to Australia. That created the impression that this was done to get him out of the country so he could not be questioned by investigators. The former defense minister has denied the president was involved or he himself ever implied the president was involved in obstructing or influencing the investigation. Furthermore, interfering in investigations is a known modus operandi of Yoon, in his past history as Prosecutor General, and in senior prosecutor positions. This is one of the major issues that has been shaking the Korean republic for years, political prosecutions and the need to place checks on excessive prosecutorial powers. Yoon has done everything in his power to "privatize" prosecutorial power in his own hands and obstuct any reforms.
In two senses then, the Chae matter can be viewed as the straw that may break the camel's back. The Yoon administration has been responsible for mishandling more than one public disaster since it came to office. Most notorious was the "Halloween crush" disaster in Itaewon (which ironically was not too far from the presidential office building when it occured). The investigation followup and consequences to public officials for negligence which resulted in over 150 deaths was regarded as insufficient and a coverup to protect high ranking officials. There were also two flood disasters beside that involving Corporal Chae, that had fatal consequences that were viewed as the result of government neglect or incompetence. In one incident over 20 people drowned in cars when a highway underpass flooded. In the other, death or injury occurred in basement apartment dwellings in Seoul which flooded during heavy rains. It was allegedly the result of public works mismanagement and negligence. So the administration has developed a reputation for administrative incompetence and indifference to its obligation to safeguard public safety. This is politically unacceptable in South Korea. The improper assignment of untrained and poorly equipped marines to recover civilian remains in another flood disaster which ultimately resulted in Corporal Chae's death was therefore viewed as a highly sensitive matter politically, and the presidential office was motivated to interfere with the investigation.
*Yecheon, Gyeongsangbuk-do July 15 heavy rains; July 17, 2023, Naeseongchan stream still swollen by flooding. Marines assigned to recover the bodies of 9 civilian victims still missing; during search operations, Cpl. Chae Sang-byeong was overcome by the flooding river and swept away, his body was found 14 hours later at 11pm.
July 30-Aug 2, 2023, the period during which outside interference in his investigation occurred according to Col. Park. Park's investigation began July 20. Park reported the results of his investigation to the Marine Commandant 7.28.
**Hankyoreh: Insider confirmed Yoon ‘lost temper’ when briefed on investigation into Marine’s death; 5.26.2024
https://english.hani.co.kr/arti/english_edition/e_national/1141960.html
