Protracting judgment on sensitive cases

The prosecution’s investigation deliberation committee comprised of outside experts has recommended that former Seoul Metropolitan Police Agency chief Kim Kwang-ho be indicted for his negligence in dealing with the Itaewon crowd crush that caused hundreds of deaths among Halloween merrymakers on Oct. 29, 2022. But the committee recommended against the indictment of former Yongsan Fire Station chief Choi Seong-beom. The progress in the case has taken a year since it was transferred to the prosecution by police last January.

In January 2023, the police referred 23 officials, including six arrested, to the prosecution after investigating the crowd crush that killed 159. But the Seoul Western District Prosecutors’ Office sent 16 of them — including Yongsan District head Park Hee-young and former Yongsan Police head Lee Im-jae — to court trials. The decision on seven others was suspended.

The first investigation team recommended the indictment of the Seoul Police chief, but the decision was rejected by the Supreme Prosecutors’ Office. A newly-formed investigative team was titled toward freeing the police chief, but could not decide, putting it up for a review by an outside panel.

Prosecutors’ indecisiveness is understandable. The court has been strict on stretching the accountability onto those high in the command ladder, as it cleared senior Coast Guard officials from liability in the deaths from the Sewol ferry sinking. Sitting on the case for a year and referring the decision to outside experts can only be evading responsibility.

Amid the prosecution’s dilly-dallying, families had to hold street protests to find the truth behind the deaths — and the majority Democratic Party railroaded a special bill on the case to cause a clash with the presidential office over the exercise of veto. The investigation deliberation committee’s recommendation is not binding, but the decision reflects public opinion.

The government must ruminate on the sloppy way it had wrapped up the case. President Yoon Suk Yeol said the accountability should fall on the people who are directly responsible. But that does not mean the officials in the field must shoulder all the responsibility while pardoning the higher rank. Punishment usually takes too long. For the underground tunnel flooding in Osong, North Chungcheong Province, that killed 14 and injured 11 last summer, only the construction site director and inspector had been indicted. Investigation on others is still unfinished even after seven months of investigation.

Accidents that cause casualties for tens and hundreds of people must be strictly answered. If all of them cannot be punished by the law, the supervisors at least must bear the political accountability. It is the only way to appease the victims’ families and prevent further conflicts down the road.