4 crew of S Korean ferry indicted for murder; 11 others face negligence charges

They are pinning everything on the crew, instead of addressing the systemic problem with this. What about about the certification of this remodelled ship? What about the lacking supervision for the overloading? What about the bungled communication when people called from the ferry, and all the other bloopers we have learned about by now?

If they only prosecute the crew, they are simply inviting the next disaster.

How are they going to prove this? There is a huge difference in negligence causing death (which would probably be the most likely outcome) and actual murder or manslaughter.

“The charge of homicide was applied because they did not exercise their duty of aid and relief, leading to the deaths of passengers,” he said, adding that some crew had confessed “they were thinking about their own lives.”

True, but this doesn't fulfill the notion of murder (as in that the crew had deliberately set sail with the intention of killing those on board). Dereliction of duty? Definitely. Manslaughter? Still possible, especially as involuntary manslaughter. But murder? I'm not so sure.

“The captain, a first officer and second officer and the chief engineer escaped before the passengers, leading to grave casualties,”

By the time the half dressed captain was abandoning ship there was nothing more he could do for the passengers. His damage had been done, and that was in failing to properly assess the risk of sinking versus the risk of hypothermia and not having the sense to at least get everyone on deck. It may show that he allowed his vessel to sail with an improperly secured load and / or that he knowingly set off overweight.

Getting himself off the ferry didn't add to anyone else's danger. I don't imagine it was different for the others. I hope cooler heads will prevail and that investigations will be allowed to take place and the real causes are properly uncovered.

Overzealous charges can be a gift for the accused. I hope these charges actually fit SK law.

I also hope the prosecutions don't end here with the crew who are just ordinary people. So many higher up are also guilty.

Murder is not a legal term. I read elsewhere that "negligent homicide" was being considered. Perhaps that is what is called manslaughter in some places.

There doesn't have to be "intent to kill" to be convicted of murder. If they acted with "reckless indifference resulting in death", then they are guilty of murder. I'd say there's a good chance for that to happen.

The crew are being charged with homicide. First sentence. Good grief.

Good luck trying to prove intent to kill in a court of law. Also, good going (sarcastically) on Park prejudging the defendants with murder before a trial has even started.....

Dylan, that's what I was thinking. But "malice aforethought" might not be part of the technical description of murder in South Korea.

I think they certainly were negligent but to try and prove that they had murderous intent which is what they'll have to do is going to be hard seeing as how I don't think any of the crew set out that day to kill the schoolchildren.

Throw them into a room with the parents of the deceased kids, try explaining to them why you left the ship.

Well, they deserve it.

Won't bring those kids back though.