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NFT: Death penalty sought for S.Korean ferry disaster captain

RC02XX : 10/27/2014 10:26 am
Quote:
South Korea prosecutors said Monday they're seeking the death penalty for Lee Joon-seok, the captain who abandoned his sinking ferry in April, Yonhap News Agency reported.

The 68-year-old captain was indicted on charges of murdering nearly 300 people as the ship, "Sewol," sank of the southern South Korean coast while traveling between Incheon and Jeju.

During a trial at Gwangju District Court on Monday, a prosecutor said: "The captain, as the man in charge of the ferry Sewol, abandoned his duty that he should not leave the ship until every passenger has left the ship."

Prosecutors have blamed Lee and 14 other crew members for abandoning the ferry and jumping aboard rescue vessels after telling passengers to stay put.

The death penalty is rare in South Korea, and has not been used in 17 years.

Life imprisonment is being sought for three crew members who are under the same charges of Lee.

Prosecutors are asking for sentences ranging between 15 and 30 years for the 11 other crew members, under charges of abandonment and violation of a ship safety act, Yonhap reported.


Not even sure what to make of this. Koreans (by nature) are emotional people, so this seems to be more about retribution born of emotion than justice born of legal precedence. It's tragic what happened, and the crew fucked up royally (some based on incompetence and some on cowardice), but does this accident warrant the death penalty?
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I'd have to find more detail elsewhere - but if he told passengers  
jcn56 : 10/27/2014 10:29 am : link
to stay put while he evacuated himself and his crew - he deserves to go away for a long, long time (at 68, a life sentence) at the bare minimum.

That's not just cowardice, that's far worse.
RE: I'd have to find more detail elsewhere - but if he told passengers  
RC02XX : 10/27/2014 10:36 am : link
In comment 11941744 jcn56 said:
Quote:
to stay put while he evacuated himself and his crew - he deserves to go away for a long, long time (at 68, a life sentence) at the bare minimum.

That's not just cowardice, that's far worse.


I agree that it's far worse, but not sure that his gross incompetence can be equated to premeditated murder. And while I'm assuming that the legal systems are different between the U.S. and S.Korea, I'm looking at this from the only legal system that I have even a minimum understanding of.

As I've said, in my opinion, this stinks of restribution-based punishment rather than legal justice.
RE: RE: I'd have to find more detail elsewhere - but if he told passengers  
Milton : 10/27/2014 10:42 am : link
In comment 11941758 RC02XX said:
Quote:
In comment 11941744 jcn56 said:


Quote:


to stay put while he evacuated himself and his crew - he deserves to go away for a long, long time (at 68, a life sentence) at the bare minimum.

That's not just cowardice, that's far worse.



I agree that it's far worse, but not sure that his gross incompetence can be equated to premeditated murder. And while I'm assuming that the legal systems are different between the U.S. and S.Korea, I'm looking at this from the only legal system that I have even a minimum understanding of.

As I've said, in my opinion, this stinks of restribution-based punishment rather than legal justice.
I think jcn's point is that it goes beyond "gross incompetence" if he knowingly left people to die while he fled to safety at their expense. There is "premeditation" in his thinking if he knew he could save people but chose not to.
RE: RE: I'd have to find more detail elsewhere - but if he told passengers  
Patrick77 : 10/27/2014 10:48 am : link
In comment 11941758 RC02XX said:
Quote:
In comment 11941744 jcn56 said:


Quote:


to stay put while he evacuated himself and his crew - he deserves to go away for a long, long time (at 68, a life sentence) at the bare minimum.




I agree that it's far worse, but not sure that his gross incompetence can be equated to premeditated murder.


I think an argument could be pretty easily made if the above is true. In theory he was so afraid for his life that he told passengers to stay on board (slowing the evacuation) so he could 100% survive. If he knew or believed that he was going to die if he didn't do that, doesn't that mean he knowingly put some people in a situation he didn't expect them to survive? If a firefighter locked the door to a room with people in it inside a burning building so he could escape without being impeded wouldn't that be murder?

I'm no lawyer so I have no idea if that would hold up to prove his guilt/intent.
And as jcn stated...we know only what we have seen so far...  
RC02XX : 10/27/2014 10:54 am : link
Having followed this story since it happened, I am not sure that the crew actually even knew how badly the situation would get. I'm definitely not absolving or defending their actions. I think he and his crew deserve justice, but justice that is appropriate...not one that has emotion and political pressure behind it (the S.Korean president has even gotten involved in this situation). Having read of the way prior high-profile legal precedings have taken place in S.Korea, I'm not too certain that this trial won't become another way for the nation as a whole to punish the "wrong doers" to cleanse the soul of the nation.
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