hankyoreh

Jan. 10

By Kim Kyu-won

Korea and the United States have reportedly agreed on a plan for US military personnel stationed in Korea who commit murder or rape to be transferred to Korean investigative agencies before they are indicted.

“Korea and the US are deliberating the handing over of implicated US military personnel to Korean investigative agencies before indictment in cases where they have committed a crime such as murder or rape,” said an official at the Ministry of Foreign Affairs and Trade.

“[The conclusion] is heading in that direction and an agreement will probably be reached within a month or two.” At present, US military personnel suspected of crimes that were not caught in the act are only handed over to Korean investigative agencies after being indicted by prosecutors, in accordance with Clause 5 of Article 22 of the Status of Forces Agreement between Korea and the US. The inability to secure US military crime suspects early on has brought constant criticism of inadequate initial investigations and a high risk of destruction of evidence.

It appears that crimes where personnel can be handed over before indictment will be restricted to murder and rape from among the list of 12 crimes where, according to regulations in the current agreement, they can be handed over after indictment. It appears that this change will take the form of an “agreed view” by the Korea-US SOFA Joint Committee, rather than an amendment to the agreement itself. The decision has also reportedly been taken to admit as evidence records of statements made before visits by US military representatives.

This issue attracted controversy in September 2011, when a 16-year-old female Korean student was sexually abused in Dongducheon, Gyeonggi-do, by a soldier belonging to the US Army‘s 2nd Infantry Division.

Please direct questions or comments to [englishhani@hani.co.kr]