‘Military trainee death’ Major charged with murder… “Unintentional intent”

Former KMA President Choae Dae-jip Claims “Possible to Predict Death Based on Knowledge of Body and Military Experience”
Legal Experts Predict Application of Crime of Manslaughter due to Negligent Intent, Unable to Prove Intentional Murder in Business Context,
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Korean Army Unit Where Trainee Died
(Inje= Yonhap News) Clouds hover over the Korean Army unit in Inje, Gangwon Province on May 27. A recent incident occurred where a trainee collapsed during military training and died two days later. [Yonhap News Photo Data],
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, ‘(Chuncheon= Yonhap News) By Park Young-seo and Kang Tae-hyun – A complaint has been filed against a major in charge of the investigation into the death of a Korean Army trainee, calling for punishment for murder due to negligent intent.’,
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, ‘ On the 2nd, former Korean Medical Association President, Choae, revealed that on May 31, he filed a complaint with the Supreme Prosecutors’ Office against the major of the 12th Infantry Division of the Korean Army for the crimes of murder under the Criminal Act, dereliction of duty, and cruelty under the military law.’,
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, ‘ Former President Cho stressed in the complaint that the major, as someone majoring in anatomy, physiology, sports medicine, and exercise physiology at university, possessed knowledge about the body and military experience. He claimed that the major would have been well aware that activities such as running in combat boots, push-ups, and sit-ups in complete military gear violated military training regulations.’,
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, ‘ He further stated, “Considering factors such as the temperature on the day of the incident and the weather conditions, it can be definitively or at least implicitly recognized that excessive military training could lead to death.” He emphasized, “This falls under the crime of murder, as it is an act that caused someone’s death with the intention of murder, not unintentionally or through inadvertent negligence in performing typical duties.”‘,
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, ‘ He also argued that based on the major’s position as a commander, there is suspicion of dereliction of duty in not evaluating the soldier’s condition, immediately halting military training, and promptly transporting the soldier to a hospital.’,
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Former Korean Medical Association President Cho Dae-jip
[Capture from Cho Dae-jip’s Facebook, unauthorized reproduction and redistribution prohibited],
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, ‘Former President Cho commented to Yonhap News in a phone call, saying, “There are aspects where the enforcement of the law regarding unjust deaths like the case of Choi Sung-byeong has not been properly carried out under the administration of Yoon Seok-yeol.” He pointed out, “Seeing this, the morale within the military can’t help but deteriorate.”‘,
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, ‘ He added, “In situations where various instances of abuse come to light and the perpetrators leave for their hometowns without being investigated, it is not enough to leave the case to the military and the police agencies. It is necessary for the citizens to step forward and monitor such incidents.”‘,
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, ‘ Legal professionals find it difficult to recognize the intentional murder through negligent intent, or determine the application of murder charges based on the currently known information.’,
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, ‘ Lawyer Im Song-jae from Lincoln Law Firm stated, “In this case, it seems difficult to prove that there was intentional murder even unwittingly.” He predicted a high likelihood of applying the crime of manslaughter due to occupational negligence and abuse of authority.’,
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Korean Army Trainee Dies During Military Training…”Investigating Violations of Regulations” (CG)
[Provided by Yonhap News TV],
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, ‘ Vincent Law Firm Lawyer Nam Eun-ho also stated, “Even if the major had knowledge of anatomy and physiology, it is difficult to view the military training activities alone as leading to the possibility of foreseeing murder.”‘,
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, ‘ Kim Jung-min, a lawyer from the law firm Open People, commented, “The incident may be compared to the Yun Il-byung case in 2014.” He stated, “Back then, compartment syndrome was cited as the cause of death, but that incident involved prolonged assault that resulted in muscle damage and paralysis of kidney function. This case has a different nature.”‘,
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, ‘ He further said, “Whether the perpetrator had any special motives due to a fit of anger should also be considered together.’,
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, ‘ “It is likely that with the limited information available, it is impossible to determine whether unintentional intentional murder took place.”‘,
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Military Funerals for Trainee who Collapsed During Training
(Naju= Yonhap News) A funeral for a trainee who collapsed in the middle of a military training exercise outdoors at a funeral home in Naju, South Jeolla Province on the morning of May 30, and died two days later. [Yonhap News Photo Data],
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, ‘ taetae@yna.co.kr’,
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