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Military Prosecutors to Challenge Acquittal of Ex-Marine Investigator in Insubordination Case

Seoul: Military prosecutors have decided to appeal a court martial ruling that acquitted a former top Marine investigator, who led a probe into a young conscript's death, of insubordination charges, officials said Monday. The decision came just four days after Col. Park Jung-hun was acquitted of insubordination and defamation by a court martial in central Seoul.

According to Yonhap News Agency, the defense ministry's prosecutors' office stated their respect for the court martial's ruling. However, after reviewing the sentencing, they decided to appeal due to disagreements with the verification of facts and legal principles. Initially, military prosecutors sought a three-year prison term for Park, arguing that his denial of all charges undermines the command system and discipline within the military.

Col. Park faced charges following an internal investigation he conducted into the death of a corporal who tragically died during a search operation for missing flood victims in Yecheon in July 2023. Three months later, Park was indicted for allegedly sharing internal probe results with civilian police, defying orders from then Defense Minister Lee Jong-sup and the Marine Corps' chief to delay for further legal deliberations.

The investigator argued that he was informed about the case retrieval after President Yoon Suk Yeol reportedly expressed anger over the inquiry findings that accused military commanders. Although Lee initially approved the findings, he reversed his decision a day later, which raised questions about the move.

Park also claimed to the media that he felt "pressured" to omit the commander of the 1st Marine Division from the list of those responsible for the corporal's death, asserting that Lee questioned whether a division commander should face criminal charges. The deceased conscript was part of the 1st Marine Division.

Prosecutors dismissed Park's claims as false, accusing him of defaming the minister. However, the court martial cleared Park of insubordination, ruling that he did not receive a clear order from the Marine Corps chief to defer the transfer of probe results to the police. The court also sided with Park on defamation charges, stating that his media comments alone were insufficient to prove an intent to defame his superior.

The appeals trial is set to proceed at the Seoul High Court, a civilian court, under the revised court martial law.

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