Colonel Kim Hwa-dong, commander of the 1st Marine Brigade, has denied charges of perjury related to the investigation of the late Corporal Chae Soo-geun's death during his first formal court hearing.
During the hearing held on July 1 at the Seoul Central District Court, Colonel Kim's defense argued that there was no intent to deceive or malicious purpose behind his statements, asserting his innocence.
Kim's attorney stated, "Perjury requires a specific intent to cause harm to an individual through criminal punishment or disciplinary action, which is a highly subjective criterion. Therefore, it cannot be easily established merely based on unfavorable statements against another party. In this case, there is no evidence of a specific motive or objective circumstances indicating that the defendant intentionally distorted facts or provided false testimony to mislead General Park Jeong-hoon, the former head of the Marine Corps investigation unit."
The defense further claimed that Colonel Kim had only a professional relationship with General Park and that there was no animosity or specific motive for deceit. They also argued that the special counsel had not provided the defendant with adequate opportunities for defense, sending a summons just two hours before the indictment was filed, and requested the court to dismiss the charges as the case was not within the special counsel's jurisdiction.
In response, the special counsel's office countered, stating, "The final indictment was made under the direction of the special prosecutor, so claims of bias are unfounded. We only submitted evidence lawfully obtained during the investigation of related cases, which is not illegal after the indictment. This is standard practice for perjury cases, where prompt indictment based on existing records is customary."
The hearing featured testimony from former Marine Corps Commander Kim Gye-hwan, former Deputy Commander Jeong Jong-beom, and General Park, leading to intense exchanges between both sides.
During the testimony of former Deputy Commander Jeong, a dispute arose over notes he had taken during a meeting chaired by the Defense Minister, referred to as the 'Jeong Jong-beom Notebook.' The notes included phrases such as 'August 9 report question mark,' 'suspects should not be referred,' 'legal review results do not confirm actions against individuals,' and 'only provide necessary investigative materials to the police.'
When asked if the commander had explicitly instructed to withhold the case referral, Jeong replied, "I do not recall hearing exact wording like 'withhold the referral' or 'do not send the records,' but I understood it as a directive to cooperate and proceed based on the Defense Minister's instructions."
However, General Park, who testified afterward, refuted this, stating he perceived it as undue pressure from the Defense Ministry rather than a mere suggestion. He revealed that the then-Defense Ministry legal officer had called him, demanding that all references to suspects, charges, and offenses be removed from the documents. He added that when he questioned whether this meant excluding the division commander from the investigation, he received no response.
The court also debated who had directed the referral to the Defense Ministry's investigation unit. Colonel Kim had previously testified in a military court that the commander had suggested the referral, but the investigation unit chief had expressed discomfort with the idea. General Park countered this claim, asserting, "That is not true. The Marine Corps could not minimize or distort the results, so I first proposed referring the case to the higher Defense Ministry investigation unit."
He continued, stating that due to the nature of higher authorities, they would likely be reluctant to take on complex cases, prompting him to request the commander to consult with senior officials at the Defense Ministry, but this was rejected by the Deputy Minister's office.
Additionally, General Park recounted a conversation with former Commander Kim on August 1, 2023, after a Marine Corps officer meeting, asking if he could refuse a directive to distort the investigation documents when reporting to Minister Lee Jong-seop upon his return. He noted that Kim remained silent, indicating a reluctance to choose between abuse of power and insubordination. The next day, Park stated he would take responsibility for the referral, to which Kim agreed.
He emphasized, "The essence of the undue pressure was not merely delaying the timing but distorting the investigation by excluding suspects. Colonel Kim's claim of a clear directive to withhold is a clear instance of perjury."
Previously, General Park had been indicted by military prosecutors for insubordination after revealing undue pressure during the investigation of the Chae Soo-geun death incident but was acquitted in the first trial, with the special counsel later dropping the appeal, solidifying the not guilty verdict.
In contrast, the Marine Corps issued a 'suspension of duty' to Colonel Kim in January following the request for an arrest warrant and indictment on perjury charges.
* This article has been translated by AI.
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