Air Force pilots in accidental bombing could face criminal charges: experts

[Original text]

Two KF-16 fighter jet pilots blamed for accidentally dropping bombs on a village in Pocheon last week could face criminal charges, experts said Tuesday.

South Korea’s Air Force on Monday reaffirmed pilot error as the cause of the accident that left 31 people injured, including 19 civilians, in the village of Nogok-ri, Idong-myeon, Pocheon, near the inter-Korean border, last week. The Air Force stressed that the pilots failed to follow the mandatory procedure of checking the coordinates of their target at least three times both before and after takeoff.

"The pilots could be criminally prosecuted as they cannot legally dodge blame for the accident, even though it occurred during military training," Kim Young-sou, an attorney at Daeryun Law Firm LLC and a former justice at the High Court for Armed Forces told The Korea Herald.

Another expert in military law echoed Kim's sentiment, saying that the pilots could be charged under Article 268 of the Criminal Act for causing injury by occupational negligence. A military advocate-turned-attorney, requesting anonymity, explained that the pilots, if found guilty, could face a maximum prison sentence of five years or a fine of up to 20 million won ($13,722).

“It seems in this case, even though the pilots accidentally dropped the bombs during a military exercise, they could be charged with breaching Article 269 of the Criminal Act,” the attorney said. “The authorities could also find the group commander and the squadron commander of the unit responsible for breaching the law, as they were in charge of overseeing the drill.”

Both the group commander and the squadron commander were dismissed from their posts as of Tuesday, the Defense Ministry said in a text message to reporters. The ministry cited dereliction of duty as the main reason behind their latest decision. Insufficient command management and supervision were other reasons that were cited.

According to an interim investigation report released by the Air Force on Monday, inadequate management was another cause of the accident. The group commander, who was responsible for overseeing the safety of the exercise, failed to do so as related instructions were passed down to the squadron commander, who is lower in rank, the report said.

A military law professor also said that the pilots could be criminally charged, citing past cases, but suggested they are more likely to face a lesser punishment, such as discharge from the military.

“There was a past case in which a lieutenant was sent to prison for accidentally shooting and killing a private during training. But in this case, there were no fatalities, so the punishment is likely to be less severe,” said the professor, who requested anonymity.

The remarks come amid divided views on whether the military officers can be criminally charged due to the fact that the incident occurred during a military exercise.

South Korea’s Defense Ministry launched an in-depth investigation into the incident on Monday, citing the gravity of the situation.
 

Jung Min-kyung(mkjung@heraldcorp.com)

[Korean translation]

Two KF-16 fighter pilots who accidentally dropped a bomb in a village in Pocheon last week could face criminal charges, experts said on the 12th.

On the 11th, the Korean Air Force reconfirmed that the cause of this accident was pilot error, and reported that 31 people were injured in the accident, 19 of whom were civilians. The accident occurred in Nogok-ri village, Idong-myeon, Pocheon, near the border with North Korea. The Air Force emphasized that the pilots did not follow mandatory procedures to check the target's coordinates at least three times before and after takeoff.

Attorney Kim Young-soo of Daeryun Law Firm (former Supreme Court Justice of the Military Court) said, “Pilots can be subject to criminal punishment even if an accident occurs during military training because they cannot legally avoid responsibility.”

Another military law expert agreed with Attorney Kim's opinion and stated that pilots could be subject to criminal punishment for causing injuries due to negligence in their duties. “If the pilots are found guilty, they could face up to five years in prison or a fine of 20 million won (about $13,700),” explained a former military lawyer who did not reveal his identity.

He said, “This accident was a mistake that occurred during military training, but there is a possibility that he will be punished for violating Article 269 of the Criminal Act,” adding, “The unit commander and squadron commander who supervised the training may also be held responsible for violating the law.”

The Ministry of National Defense announced that the unit commander and squadron commander were dismissed from their positions as of the 12th. The Ministry of National Defense cited their neglect of duty as the main cause, and also cited a lack of command, management and supervision as the reason.

According to the interim investigation results announced by the Air Force on the 11th, another cause of the accident was lack of management. The report stated that this was because the unit commander, who was responsible for supervising safety, failed to properly implement it, and related instructions were passed on to the lower-ranking squadron commander.

The military law professor pointed out that the pilots could be subject to criminal punishment, citing past cases, but explained that considering that this incident occurred without casualties, it is highly likely that they will receive a lighter punishment, such as military discharge.

“In the past, there was a case where a lieutenant was sentenced to prison for causing the death of a soldier due to a shooting mistake during training, but since there were no deaths in this accident, the punishment is likely to be lighter,” said a military law professor who requested anonymity.

This remark came amid differing opinions as to whether or not criminal punishment should be imposed as the accident occurred during military training. The South Korean Ministry of National Defense announced on the 11th that it had begun an additional investigation considering the seriousness of the incident.

Reporter Jeong Min-kyung (mkjung@heraldcorp.com)

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