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.
mkjung@heraldcorp.com
