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This site has little in the way of technical information on Kunsan AB's tactical planning, weekly exercises, or technical specifications on the aircraft. Our position is that Kunsan AB has been promising to "kick ass" for over thirty years and not a speck of bomb iron has hit North Korean soil yet. These tactical plans change from week to week, if not daily, but the point is: NO ONE from Kunsan has dropped a bomb on North Korea or shot a MiG from the sky. All the plans are simply plans -- not reality. HOWEVER, the hard work and ability of the airmen to carry out the war game planning in the face of a hardship tour speaks loads of their caliber and dedication. The PEOPLE is what we want to cover -- not the GAME. The second item we wish to cover is the BASE which has served the airmen -- who served the mission. Over the years, wings and organizations have come and gone from the face of Kunsan AB -- but the base has always remained to serve. The third item covers those Korean events that affect the life of the airmen or mission at Kunsan. This ranges from main gate protests to the ever-mounting efforts of Korea to wean itself away from American military dependency.

HOW IT WAS! KUNSAN AIRBASE 8TH FIGHTER WING (2002)

Kunsan AB Protests:

Now that the furor over the Sept 11th tragedy has died down in Korea and a sense of normalcy has returned -- so have the demonstrations returned to Kunsan AB. As in the past, the main gate is closed by the demonstrations, but the North Gate (ROKAF Gate) remains open. The protests are scheduled for every Wednesday BUT the option is open for Friday as well. This means that there were TWO potential protests per week. By making their protests unpredictable, the protestors have just increased the workload of the riot police and base security forces two-fold -- without having to increase their numbers at all.

The potential for bottling up the base is self-evident. For example, on 18 Sep 2002 during the weekly-Main Gate closure for the Protests, there was a small mishap at the North Gate when a large semi-truck trying to navigate the barriers snagged a hanging electrical wire above the gate. It was torn loose. Instead of immediately blocking traffic and routing the vehicles around the blockage in an orderly fashion, the Security Police let it develop into a full-bottleneck. This closed the gate for over an hour as no one could exit or enter the base during that time...and once caught in the bottleneck, the cars were stuck. Not a big deal, but it does point out how the protest can easily bottleup the base.

Main Gate (2002) (Courtesy Chris Shroyer)

After the Sept 11 tragedy, the tension at the main gate has been reduced considerably. At first the riot police were stationed at the main gate 24-hours a day with automatic weapons -- and understandably, no protestors showed up. Then in January, the tension relaxed so that only two riot police were positioned at the gates with bamboo batons and shield. By February 2002, the riot police only appeared on scheduled protest days. However, sometimes the protestors arrived early and the regular police had to form the barricade until the riot police arrived. But there was been no violence and the protests have remained peaceful. By June 2002, the protests had returned to a business-as-usual status with no riot police except on Protest days. By September 2002, the riot police dressed in regular uniforms -- and unarmed -- would form a "defense line" in front of the main gate with an orange ribbon strung between the ten or so officers.

However, the "protests" at the Kunsan Main Gate could never be construed as a "strong" turnout. The protests are really not "hot" issues and few show up to support the protests. Normally, 8-10 people at most come and sit in a circle on the ground (with cushions) in front of the locked main gate. They are faced off with an equal number of riot policemen and the whole scene does not really seem violent at all.

However, the protestors continue to use the newspapers to get their message out. In a local Korean newspaper in June, the protestors were demanding monetary compensation for "noise damage." The original protest group of landowners has been joined by other environmental groups to bolster their numbers, but it is hard to sustain any large protest. However, if a volatile subject should crop up that grabs the interest of the people, larger crowds will appear.

What is significant is that 8-10 people can effectively slow down the operations of a base. During these protests at the main gate, all traffic comes through the North Gate, but the traffic is usually backed up and it is very slow getting on or off the base. The protestors ability to tie up a sizeable amount of the base security forces and riot policeman for hours proves to the protestors that they have succeeded. Even if they do NOT show up the base still has to prepare for the worst and shut down their gates. Because of the past incidents of violence, the protests are taken seriously. THE BOTTOM LINE IS THAT THE PROTESTS ARE EFFECTIVE BECAUSE THEY ARE ALLOWED TO BE EFFECTIVE!!!

A suggestion would be for the Korean Police to allow the protestors to block the main thoroughfare to the main gate at a distance of 100 yards from the main gate -- similar to what they do at the U.S. embassy. This would allow the side street -- used by the Kunsan bus and traffic from the airport/North Gate side -- to be used for entry to the base. Suddenly the protestors would be INEFFECTIVE.

If the protestors tried to block the road leading to the airport to shut off this avenue of entry, they would have a lot of influential and powerful companies -- like KAL and Asean airlines, plus the Korean government -- suddenly becoming very vocal negatively about their actions. However, we are not Koreans -- nor are we Kunsan AB officials.

For historical info on the Main Gate protests, go to 1997: Protests ; 1998: Protests Unabated ; 1999: Protests ; 2000: Demonstrations ; and 2001: Protests for background on protests.)

Riot Policeman

Most of the protests at Kunsan's Main Gate are primarily over social or environmental issues. They are normally very peaceful -- but remember that the root intent of these Non-Goverment Organizations is to disrupt the American military establishment. Otherwise their focus on say noise pollution would be also held at Kunsan Airport ... however, we all know that that would result in busted heads. The students protesting the loss of the two girls in the tragic accident could also be out protesting the deaths and injuries of 82 children each day in Korea caused by Korean motorists blocking the highways...but we all know that that the Korean public would turn against them.

That is what is irksome about this latest protest over the tragic accident with the deaths of the two girls near the DMZ -- it is both political and FASHIONABLE. It has nothing to do with justice. It only deals with special interest groups trying to score points. As such, these protests have taken on a life of being more emotional than substantive. They can become violent as they have in the past. In recent years protests have normally NOT been over political issues -- but this latest protest IS Political and anti-American groups have actively joined in the protests -- though not at Kunsan at this time.

The groups that protest at Kunsan's Main Gate are part of the Pan Korea activist organization -- supposedly made up of some 130 special interest groups. The Pan Korea movement draws its strength from the numbers of its subgroups. If one looks back on the 1980s student protests, one will see distinct similarities between the present Pan Korea methods and aims and those of the now discredited Student Union organization. Just as the violent student protest movement of the late 1980s drew its strength from the various college student unions under one Student Union cover group, so does the Pan Korea group now. The student movement was discredited in the early 1990s when many of the student leaders were found to be North Korean sympathizers receiving funding and instructions from the North. Some student leaders fled to North Korea and the movement faded.

We are making a supposition here. We feel that the majority of the activists are former radical college students of the 1980s. Though they lost their credibility as "soldiers for freedom" with the democratization of Korea with the free elections of Kim Young-Sam and Kim Dae-jung, they never lost their zeal for affecting change. Now in their mid-30s-late-40s, they continue to battle for "social issues" -- instead of the political issues of the past. However, when their separate groups cried for justice, their pleas were swept aside by the current governments. Following the formula of the past, they banded their groups together into the Pan Korea activist organization. There are about 130 activist groups in this cover group. This Pan Korea group is POLITICAL in nature -- even though each of its subgroups are supporting changes of social issues. Each of the separate groups by themselves are not a threat to the Americans, but the united power of this group makes it formidable.

In August, school children protested peacefully in front of the Main Gate of Kunsan during nation-wide protests for the reunification of Korea. The Wolf Pack Warrior stated, "Annual protest march brings students to Kunsan. Approximately 350 members of the Korean student organizations, Hanchongyopn, gathered outside the base Tuesday for a protest. While protests are usually scheduled every Wednesday, the students gathered here Tuesday as part of their annual protest march, during which they visit all military installations on the peninsula. The organization protests the presence of United States Forces in Korea and the United States' handling of the two teenaged girls killed near the DMZ in June." (There are indications that Hanchongnyon, the outlawed radical College Student Union was also involved in organizing these nationwide demonstrations at USFK bases.)

The base mentioned off-handedly that this protest was also tied in with the on-going protest over the deaths of the two girls near the DMZ. This part of the demonstration was played down by the base authoritiesm when in fact this demonstration was ALL about the deaths of the two girls.The children's march had been carefully orchestrated by the non-governmental activist organizations (NGO) to rally support for their agenda. They were building up their youth base -- and that is what made this peaceful march potentially dangerous. In Korea, remember that every time you see a protest march with a secondary school child, there are two parents in the background who are supporting that child's views. The children's march at Kunsan was just part of the nationwide series of Memorial rallies held to incite the populace. The march culminated in the August 15th Memorial Rally in Seoul. (Go to TongIl News for the August 15th Rally for Reunification.) This was not mentioned to the Kunsan base population.

By Sep 2002 at Kunsan AB's Main Gate, they were starting to take the increasing anti-American demonstrations in Seoul more seriously. Ever since 2001 -- even before the Sept 11th events -- the base's senior leaders have reacted to news of Seoul or Kwangju demonstrations and called for Korean riot police assistance. Whenever there were large-scale demonstrations in Seoul, Kwangju or other major cities, the green riot police bus would show up at the front gate and their elements would be posted. But lately there is a difference. In the past, the police in full riot gear with batons would assume their positions. However, lately the riot police is usually NOT in riot gear -- meaning that they do not take the threat to Kunsan as imminent.

One reason of this feeling of ease is that the Rev. Mun, Kunsan's dissident activist priest, has focused the attention of his group on major cities where he gets better results and more publicity for his cause. During the spring and summer, he staged demonstrations in Seoul and other major cities. When the deaths of the two girls resulted in protests at Camp Red Cloud and Camp Casey, the Reverend Mun was at the front of the protestors prominently inciting the crowds. With his attention elsewhere, Kunsan has been relatively calm.

But while the Reverend Mun's protests are not missed at the Main Gate, we must not forget that Rev. Mun's movement is NOT Anti-American. He is Anti-war -- whether in Korea or in Iraq. Unfortunately a lot of anti-American college students have joined his group. In the major cities, the students tend to be more radical than their country cousins like in Kunsan. But don't be fooled by the calm in Kunsan. It could explode at any time.

In November when the AVLB drivers were acquitted in a court martial, there were violent demonstrations Korea-wide including a firebombing incident at Camp Gray in Seoul. This resulted in a lockdown of all bases near the DMZ and a partial lockdown at Kunsan. However, it was treated more as a caution at Kunsan and soon lifted. In December, the USFK issued a Korea-wide partial lockdown as a result of the attack of a U.S. Army Officer outside Yongsan. (See Radical NGO Tactics and Biased News Coverage for story.) The modified curfew was from 21:00 to 05:00.

Compared to other cities, Kunsan City has been rather passive in its anti-American protests. Candlelight vigils and protest rallies have been held but the turnouts have been disappointingly small. On Dec 21, my daughter attended one set up at the Kunsan Civic Center in Naundong by her friend's father, a minister from Soryodong. The turn out was very small. Someone stood up and made the rabble-rousing speech against the American's unjust SOFA and demanded that they go home. There was the typical yelling of "Yankee Go Home" and the obligatory singing of "Fucking U.S.A." Though Americans may find the words "Fucking U.S.A." offensive, the Koreans don't "hear" it the same way. It is more a political statement. There are even pictures on the internet of a Catholic Sister Lucia from Seoul wearing one of the "Fucking U.S.A." buttons. (See Fucking U.S.A..)

Though these demonstrations may not be well attended because of the cold weather, this does not mean that the Korean youngsters don't feel the frustration and pain over this incident. At a downtown bus stop a message is spray painted on the wall, "You killed Shim Mi-Son and Shin Hyo-sun! You bring them back to life!" Similar graffiti is seen throughout the town.

Because of this incident, the mood in the city is somewhat somber in December. For Americans living in the city, there is a vague sense of dread because of the anti-Americanism. On Dec 21, I spoke with a USAF officer who lives in our apartment complex with his wife and baby daughter. He had borrowed a car from a friend to use until his car arrives from the states. However, he felt very uneasy driving it downtown. He removed the American flag seat covers and was somewhat concerned with the American flag decal in the window. A junker with prominent yellows "racing stripes" spray painted sloppily on it, it is fine for on base use -- but downtown stands out like a sore thumb as an American's vehicle. A few months ago, this would not even have been a worry.

There is a lot of misinformation being put out amongst the Koreans in Kunsan, but there is no use trying to reason with anyone as the Koreans are operating on a strictly emotional level and don't want to be bothered with things like truth or facts. Those who believe this tripe are easily led and just too lazy to find the truth that is right out in the open on the internet...but the fact is that even if they found it themselves, they wouldn't believe it because they don't want to hear the truth. It's so much easier to hate. Below are some of the mindless misinformation being disseminated by the NGO groups. (See HOW DOES THE STATUS OF FORCES AGREEMENT REALLY WORK? for more information.)

• ROK is permanently leasing U.S. military bases for free.
  
  FACT: In all the countries of the world where U.S. forces are stationed, they reside on lands provided by the host nations for FREE. In Okinawa, there are lease agreements for lands the U.S. uses, but JAPAN compensates the farmers...not the U.S. The term permanent is misleading as under the Land Partnership Plan (LPP) the U.S. is returning Army camps to the ROK that are no longer required.
  
  
• The criminal jurisdiction of the U.S. servicemen committing crimes against Koreans falls under the U.S. armed forces. In reality it is difficult to compensate for civilians' damages inflicted by the U.S. troops.
  
  FACT: Under the SOFA, the ROK has the right to exercise its criminal jurisdiction over all offenses against ROK law, and the "first right" in all but two narrow categories of cases: (1) official duty cases; and (2) offenses solely against SOFA personnel and property. This means that all crimes (rape, theft, etc.) committed on base against U.S. personnel by U.S. personnel OR offenses that are "line of duty" cases (as the current incident with the AVLB) are US jurisdiction. The ROK routinely retains jurisdiction of all serious violations of Korean law, approximately 20% of the cases after excluding traffic accidents and simple assaults, and generally waives jurisdiction only in minor cases. With respect to claims for damages by private landowners and other private persons due to US military operations, however, there is an adjudication procedure administered by District Compensation Committees supervised by the ROK Ministry of Justice (MOJ) that ensures fair and reasonable compensation to all claimants. The US assumes 75 percent of such costs, while the ROK pays 25 percent.
  
  
• Korean laborers working in U.S. military bases do not have the protection of the major labor rights protected under Korean law.
  
  FACT: In Korea, USFK has a "direct hire" system (USFK is the employer of its Korean employees). The ROK currently contributes approximately 70% only to USFK appropriated fund Korean national labor costs. The objection is over "retirement" benefits which are a sticking point where a percentage is paid to the individuals paycheck each month. This is a substitute for a retirement. Severance pay is another issue, but non-appropriated fund jobs are for the most part, low-pay, temporary jobs.
  
  
• Korean custom-clearance officers do not have an access to U.S. military goods.
  
  FACT: The Customs officer assigned from the Kunsan Customs and Immigration Office has a desk at the main gate. We don't understand the complaint.
  
  
• ROK cannot place a restriction on environmental problems in the U.S. military bases.
  
  FACT: Another nuisance complaint from environmental groups. Environmental problems on base are handled by base authorities per the SOFA agreement. But the reality is that Koreans need to ask what happened to the vaunted Environmental Protection Agency that Korea had to protect Korea in 1992? They turned the EPA responsibility over to the provinces under the guise of autonomy and did NOT fund it. The blue vans of the EPA disappeared. THERE IS NO EPA PROTECTION IN KOREA. Polluters in Korea are running rampant, but the NGO groups are not focused on making enemies within the power groups. They are primarily interested in the USFK. When they attack the ROK government over its projects, the ROK government simply disregards the environmental groups (i.e. complaints as the Saengmangum Project going on outside Kunsan).
  
  
• ROK cannot protect an invasion of private property that is occupied by U.S. military.
  
  FACT: This is a complaint of the use of lands GIVEN by the ROK for U.S. use stated above. For years we have questioned why the protestors are complaining to the USFK. The ROK gave the land for U.S. use. The ROK is who they should be protesting to. But that doesn't fit their agenda of Yankee Go Home. They would rather protest at Kunsan's main gate -- and Yongsan as well -- to people who have no control over the land.
  
  
• ROK does not have an access to information regarding weapons brought in by the U.S. Army to Korea.
  
  FACT: This is a quest for information that only a North Korean spy would want. In the past, the U.S. did have nuclear weapons in Korea, but all ROK decision-makers, including the Presidents, were privy to exact numbers and locations. (Ref: Kim Young-Sam interview in 2000.)
  
  
• Other issues include women living in military camp-side towns and noise disturbance resulting from military planes.
  
  FACT: ROK created the "special entertainment zones" (such as A-town) and have monitored the prostitutes in these areas. The ROK issues the foreign "entertainers" E-6 visas. Why not protest to the ROK? Also we wonder how much these bleeding hearts really suffer for their "sisters of the night." When sex slaves locked up in barred rooms were burned alive in a Kunsan brothel used by Kunsan policemen to buy their silence, the activists shed no tears nor raised a peep. Their hypocrisy shows through. The noise issue is relatively new complaint from the environmental groups and may have validity, but there is nothing under the current SOFA's environmental provisions to cover this. However, they never mention the KAL airliners and ROK F-5Es noise when they attack the USFK. They use the same runways. The reason is that it does not fit their agenda to get the U.S. to leave Korea.

New Rallying Cry for Anti-Americanism: "Bring the GI criminals to the South Korean court!"

June 2002

M60A1-AVLB

The Korean news coverage stated the armored vehicle was traveling down the road at about 16 kmph when the vehicle commander spotted a red shirt to the right. He attempted to communicate with the driver but there was a communications problem. The vehicle tracks ran over the girls and the vehicle had to back off of the crushed bodies. The Korean version was that the vehicle was traveling too fast to stop in time and points out inconsistencies with the statements of the two individuals. However, the "inconsistencies" are that Sergeant Nino stated he saw the girls walking by the road, but was unable to warn the driver of the vehicle, while Sergeant Walker, whose view was obstructed, said he never saw the girls and was never warned as the vehicle was about to hit them -- which is true in that the communications link was out. The following is excerpted from Korea Watch:

The accident occurred along a narrow road near Yangju, north of Seoul, on a route commonly used by US military vehicles to travel to and from the Twin Bridges training area near Uijongbu, south Korea. Shim Mi-Son and Shin Hyo-sun were on their way to a birthday party, walking on the edge of the road. Sergeant Mark Walker was driving an AVLB, an M-60 tank designed to carry a tank bridge, as the third vehicle in a seven vehicle convoy moving to the Twin Bridges Training area. According to published reports, the AVLB adjusted its position away from the center line of the road in order to not collide with an approaching convoy of Bradley Armored Personnel Carriers. The AVLB was actually wider then the lane it was traveling in, so this brought the right track of the AVLB directly behind where the students were walking. When this happened, the students were in a blind spot caused by part of the bridge laying apparatus on the AVLB. The track commander, Sergeant Fernando Nino tried to warn the SGT Walker, but he had configured his radio system to talk to his company commander and he was unable to hear the warning of SGT Fernando. The girls were crushed by the right track of the 54 ton tank. SGT Walker stopped on top of the girls, then backed the tank off of where their bodies lay.

The former Eighth Army Commander, Lt. Gen. Daniel R. Zanini, immediately apologized the same day the accident occurred and ensured the accident was investigated by both ROK and U.S. authorities. (See Payment as Expression of Sympathy.) An article 32 hearing under the Uniformed Code of Military Justice (UCMJ) was instituted.

Shim Mi-Son and Shin Hyo-sun
Go to Voice of the People for more photos

July 2002

Protest with Ohno and Bush masks (26 Jul 02)

The protests started slowly in June and spread quickly to campuses across the nation. Mass rallies were held throughout the country the summer to protest the deaths with violent confrontations in front of the camps. The whole case became "political" after the NGO groups took up the battle cry, ""Bring the GI criminals to the South Korean court!" Being an election year, soon politicians were jumping on the bandwagon. That's when it became very political. Everyone from the Secretary of State to USFK Commander to the unit commander were kowtowing their apologies -- and they played right into the hands of the NGO.

The internet in Korea started to be populated with sites dedicated to the girls in this tragedy. An especially well-done one in English is at Kangfull.com which has pictures of the girls in childhood and reflects the emotions of the Korean people feel very well. The page is not from the NGO groups, but of a common Korean venting his frustration at the situation...and mourning the loss of two young girls with their lives ahead of them.

Activists seized this incident as a testing ground for jurisdiction under the SOFA. In the past, occasional accidents and crimes by U.S. soldiers have prompted demands from South Korean activists that Washington give Seoul more legal power in cases involving American troops. Some activists have also demanded the withdrawal of the U.S. troops. The following is an editorial from one of the NGO groups. The venom that drips off the words in the article makes one wonder whether the intent is to change the SOFA or to remove the Americans troops from Korea. However, what is significant is that same venomous hate verbage -- in hangul -- is being repeated on many of the online forums -- such as Tongil News. Some posts are threatening the lives of U.S. servicemen. That's the trouble with hate messages like in this article. They take on a life of their own -- and that is what these NGO groups are spreading now. (See HOW DOES THE STATUS OF FORCES AGREEMENT REALLY WORK? for brief explanation of SOFA areas targeted for NGO misinformation.)

SOFA and Sovereighty Over Korea

By Ahn Sung-Ho

Two Korean middle school girls were run over and killed by a U.S. armored vehicle at around 10:45, June 13, in Yangju, Kyonggi Province, 30 km north of Seoul. The girls were identified as Shin Hyo-soon and Shim Mi-sun on their way to a friend's birthday party. On the other hand, the two soldiers who operated the 54-ton armored bridge carrier were identified as Sgt. Fernando Nino and Sgt. Mark Walker from the U.S. 2nd Infantry Division. They were immediately handed over to U.S. military police for investigation by local law enforcement officials in conformity of the Status Of Forces Agreement (SOFA). The investigation was done virtually by the U.S. military army alone and was alleged to reveal that it was an accident.The families and friends of the girls and NGOs have been demanding that the investigation be re-done systematically by the Korean police, and that the United States Forces Korea (or USFK) give up its rights to try the soldiers in a U.S. court. On July 10, the Ministry of Justice of Korea filed an official request for the United States Forces Korea to waive its primary criminal jurisdiction over the alleged accident that crushed the two students to death. Further, the major political parties, the Grand National Party and the Millennium Democratic Party, also supported the Korean Government's action.

This means that the ROK as a nation has requested the U.S. for jurisdiction over the incident. The USFK, however, declined the ROK request. (Note 1) One argument is that there is no precedent of U.S. soldiers being tried in Korean courts concerning on-duty crimes. The National Campaign for Eradication of Crimes by U.S. Troops, a local civic NGO however, has rebutted this argument saying that although not in Korea the U.S. did waive its jurisdiction once: in June 1957 the U.S. government declared it would give up its primary criminal jurisdiction over the death of a 46-year-old Japanese woman. This precedent virtually nullifies the power of the first argument. There is no reason why it cannot occur in Korea if one occurred in another country. The other argument is that the two U.S. soldiers already face a court-martial for negligent homicide.

This isn't persuasive because the court process can always be stopped.

These are not isolated incidents, but just a tip of the iceberg. The National Campaign reports the Korean government's official statistics that 56,904 U.S. soldiers and civilian employees were involved in 50,082 criminal acts between the years of 1967 and 1998. And less than 5% of the criminals involved were taken to Korean courts. (Note 2)

On the basis of the statistics, experts estimate that more than 100,000 crimes were committed since U.S. troops began to station in this nation on September 8, 1945. Right now, we have 37,000 U.S. troops in 96 bases and in the territory of the Republic of Korea. They have been killing our women, they have been raping or sexually abusing our children, they have been despising and beating our brothers, but rarely being reasonably punished. What do they sound like? Do they sound like troops of one of our allies? No, they sound more like those of a conqueror. They are arrogant, don't care about the safety and security of our people. (Note 3)

They are just concerned about themselves, their regulations, their customs, and their ideas. We know that U.S. troops have good-natured soldiers. But as a system, they are evil. Where do those absurdities come from? First, people almost unanimously blame them on the SOFA between the Republic of Korea and the United States.

This Agreement, which was drafted when Korea was so poor and desperate, confers such a ridiculously exceptional status to American soldiers and their families and their relatives and their visitors. (Note 4)We know the Agreement was signed by the Korean government and was ratified by the National Assembly, and so that it has a great binding force. Since it damnifies the sovereignty of this nation and constantly threatens the safety and security of the citizens, however, the SOFA must be interpreted and applied to the restoration of Korea's sovereignty.

For the specific case in question, the U.S. government must re-consider their decline of the Korean government and waive the juristiction in question. They must recall that Korean citizens also have rights to life, happiness, and safety if U.S. citizens do. The SOFA must be revised and the evil unfairness of the ROK-U.S. relationship must be fixed immediately. (Note 4) Second, the Korean government and law enforcement officers should be reminded that their duty is to protect or care for their own people. A brief review of the USFK-involved crimes shows that Korean police are not aggressive enough in protecting the safety, life, property, and human rights of Koreans. (Note 5) If our guards and officers do not care, who would care? Most of all, lastly, all the people must realize the seriousness of the unfairness in the SOFA and deploy a new millennium movement of independence from the USFK. We must spend more money on our national defense. We cannot live in this state of indignance drunk with some physical comfort when in a shadowy corner of this land our brothers, sisters, and children are despised, abused, and killed away. (Note 3) This absurdity cannot be ignored any more.

---

Note 1: The article forgets to mention that this is a Presidential election year and everyone is jumping on the popular bandwagon issues -- regardless of the substance. Both Presidential candidates have stated that they will work towards changing the SOFA if elected. The epitome of ridiculousness was the National Human Rights Commission who levied a fine against the 2d ID -- even though they were told by the Foreign Ministry that it was uncollectible.

Note 2: "More than 70 percent of USFK's legal violations are for traffic violations and accidents. Korean law calls for criminal charges to be filed in accidents involving damage of 2 million won ($1,700)." (NGO sources). However, under Korean traffic law, a person is guilty of a crime if he doesn't exercise due care and will be charged with "occupational negligence resulting in death or injury" under the ROK Criminal Code. This is the central NGO group theme to accuse the soldiers of being "criminals." (See Misunderstanding of the US & Military Legal Systems for details on the criminal aspects of accidental deaths.) A common misperception is that USFK has jurisdiction over every SOFA-status person who commits a crime. In 2001, 82% of all crimes committed by USFK personnel in Korea were subject to Korean jurisdiction. (See HOW DOES THE STATUS OF FORCES AGREEMENT REALLY WORK? for brief explanation of SOFA areas targeted for NGO misinformation.)

Note 3: These same words are now being parroted on Korean on-line forums -- such as Tongil News -- dealing with this case. Some amount to death threats against the American soldier populace in general. How this type of rhetoric translates into violent action can only be guessed at. However, view the article below about some soldiers who were "detained" (kidnapped is the American term) by activists while the ROK Police stood ineffectually by. See September Subway Incident for details.

Note 4: The furor is because there are major cultural and legal differences between South Korea and the United States. The Koreans of the general populace don't understand the U.S. criminal justice system with its presumption of innocence, the concept of reasonable doubt and the right to a trial by a jury of one's peers. The rights of the individual are paramount. But on the other hand, neither do most Americans understand that the Korean system is based upon the needs of society. Society's demands are paramount. It is not so much insensitivity on the part of both parties as it is of not understanding the differences between the two legal systems. In addition, this argument INTENTIONALLY forgets that the SOFA was revised in 1991 and renegotiated in dealing with these issues again in 2001. The author puts forward arguments that forgets that in order to effect changes in the SOFA, the Koreans had better be willing to foot their "share." In 2001, they renegotiated and their "share" increased -- but not drastically. The Koreans want a SOFA comparable to the Japanese, but are unwilling to pay the same percentage of the costs. See SOFA Agreement for link to English text; labor and environmental Issues; cost sharing.

Note 5: This is a blast at Korean police investigators who they feel should invoke a jurisdiction claim over any serviceman involved in a "crime" under Korean law -- regardless of the SOFA specifications. The truth is the Korean police investigators specially assigned to work with the USFK bases/camps know the SOFA restrictions quite well. The jurisdiction issue in this case was elevated by the Prosecutor's office -- a politically-motivated move -- not the police investigators. The NGOs politely neglect to mention that the Police can NOT conduct independent investigations -- only the Prosecutor's office. While police now have the power to arrest suspects, investigations are usually led by prosecutors. When the idea of granting the police more independence was first raised in May 1999, it created tensions between the police and prosecutors before finally being called off by the Blue House. In November, the issue surface with respect to the recent beating death of a suspect who was in custody at the prosecutor's office. This is also a shotgun blast aimed at Riot Police who block their protest marches against the "offenders" (USFK) in their camps. Local police stations are being held responsible for the protection of the U.S. military facilities in their sectors. During this crisis, some police stations in Seoul near Yongsan and the U.S. embassy complain that they cannot perform their normal functions because of they must protect the U.S. facilities. It is rather ironic that the NGOs create the situation that forces the police to stretch themselves so thin -- and then complain that the police are not doing their job.

American Stateside Views of Anti-Americanism: There was very little mentioned about the anti-American protests in Korea in July. Editorials were posted mainly by political analysts. Overall, there was no interest in the anti-American activity in Korea. The following is an editorial from the Honolulu Star Bulletin by Richard Halloran.

Growing anti-Americanism festers in South Korea

South Korea and the United States are on a collision course -- and this time it won't be on a soccer field as it was in the World Cup games a few weeks ago.

Anti-Americanism is clearly on the rise in Korea and appears to be undergoing a fundamental change. Before, it was more anti-baseism, with the Koreans demanding that the 37,000 American troops posted in their country go home. Now, that has ballooned into a demand that Seoul's alliance with the United States be dismantled.

On the American side is a basic change in attitude that began with the terrorist assault of Sept. 11. It is still in its formative stage, but Americans seem to have become less tolerant in dealing with other nations, a mood that might best be expressed: "If you are not with us, you are against us."

If those conflicting trends continue, it is only a matter of time before Koreans and Americans bump heads, with unpredictable consequences that will affect the security of East Asia. In particular, a collision would weaken the diplomatic and military front against North Korea.

ASSOCIATED PRESS
Anti-American demonstrators held a rally last
Sunday in front of the U.S. Army's 2nd Infantry
Division in Uijongbu, north of Seoul.
The protesters' signs read, in part, "Oppose USA."

Public opinion polls underscore Korean hatred of the United States. Beyond that, anti-Americanism manifests itself in the most mundane ways. When a Korean skater was disqualified in the Olympics in Salt Lake City, Koreans went ballistic -- even though the referee was not an American. The U.S. soccer team was repeatedly booed during the World Cup. On issue after issue, as David Steinberg, an experienced and astute observer of Korea, wrote recently: "When in doubt, it is the Americans who are wrong." He is director of Asian Studies in the Foreign Service School at Georgetown University in Washington, D.C.

In the most recent incident, two Korean schoolgirls were killed in a tragic accident when a truck driven by two American soldiers hit them. At first, the U.S. command ruled it a mishap and said the soldiers would not be arrested. Under Korean pressure, the soldiers have been charged with negligent homicide and will be court-martialed. The Korean government, reacting to more public pressure, has demanded that the Americans be tried in a Korean court, where their chances of a fair trial are questionable.

The depth of Korean anti-Americanism is evident as many Koreans can recite a long list of alleged mistreatment by the United States. They reach back to the treaty of 1882 that helped to open the Hermit Kingdom, a 1905 pact between the United States and Japan that Koreans contend led to the brutal Japanese occupation that lasted until 1945, and a conspiracy to divide Korea after World War II. American support for Korean dictators, from Syngman Rhee to Park Chung Hee to Chun Doo Whan, is readily recalled. In Korean eyes, the United States has prevented reconciliation with North Korea.

Steinberg says the Korean educational system and the press cultivate the antipathy toward America.

"Korean governments have lied about the attitudes of Americans and misrepresented or suppressed U.S. concerns about human rights," he wrote. He cautions: "South Korea needs to act with internal political maturity."

Today, Korea is in a political season, with a presidential election scheduled for late this year. Candidates will find it hard to resist exploiting the deep-seated anger for their own political gain.

Confronted with this, the United States has perhaps five options:

• One would be to mount an intense, high-level diplomatic campaign intended to reverse the Korean mind-set.
• A second would be to move the bloated U.S. military headquarters out of Seoul and consolidate it with other American forces in a less visible location. The United States has offered to do so if Korea will find a new site and pay for the move. So far, the Koreans have refused.
• A third possibility would be to muddle through, allowing the sore to fester and treating it with Band-Aids.
• Fourth, the United States could withdraw its military forces from Korea, which would have an incalculable strategic effect from the Russian Far East to Singapore.
• Last, if worse comes to worst, the United States could abrogate its security treaty and let the Koreans fend for themselves.

When the Americans and the South Koreans met on the soccer field during the World Cup, the game ended in a 1-1 tie. Next time, unless Washington and Seoul turn things around, both nations will lose.

Richard Halloran is a former correspondent for The New York Times in Asia and a former editorial director of the Star-Bulletin. His column appears Sundays. He can be reached by e-mail at rhalloran@starbulletin.com

MOJ asks for jurisdiction The Ministry of Justice and the USFK’s judicial authorities were at odds about who should get to try the USFK personnel who were involved in the accident. On 12 July the Ministry of Justice asked the USFK to forfeit trial jurisdiction in the case, and the USFK, citing that there is no precedent, was reluctant. The Koreans claimed the SOFA is ambiguous in this area, while the Americans state it is very clear as a "line of duty" incident covered specifically in the SOFA. The USFK had 42 days to give final notice on its position -- and opted for a court martial.

The tensions increased as the USFK comments were construed by the NGO groups as trivializing the incident. Korean editorials stated that "the USFK be more understanding of the hearts of Koreans in regards to this case. The less than prudent nature of some of its comments immediately after the accident not only didn’t help the situation, they in some ways caused case to develop in ways it really didn’t have to."

The Korean government approached the situation irresponsibly as well with a senior Blue House official stating the activists were simply "radical students." Basically, Kim Dae-jung said or did nothing to resolve the growing anger.

Activists Clouding of Issues:In July, USFK paid to the families of the two girls INITIAL solatia (expression of sympathy) payments of one million won for each family were made quickly. The exact amount of the solatia (expression of sympathy) was settled in September through ROK and USFK personnel. USFK paid 75 percent of the final claims for compensation settled under Korean law and the SOFA on 11 September 2002 with the full involvement of ROK claims authorities. However, the NGO groups picked up on the INITIAL amount and stated that it was the final amount and an insult. This is the type of disinformation that has been spread by the NGO groups from the start.

The problem stems the Koreans in general lack of knowledge of the U.S. legal system. The American system bases its system on protecting the rights of the individual while the Korean system bases itself upon the needs of society. It may be an oversimplification, but the American system assumes your innocence until proven guilty, but the Korean system assumes your guilt until proven innocent. Though Article 27 (4) of the Korean Constitution states, "The accused are presumed innocent until a judgment of guilt has been pronounced," one can be held and questioned by the police without charges being filed or a lawyer present. In the U.S. system one is guaranteed a trial by one's peers in a jury trial, but in Korea judicial power is vested in courts composed of judges. The U.S. and ROK systems are so disparate that a SOFA is essential to protect the soldiers performing their duties in this country.

However, the American side must understand that it WAS an "unlawful act" under the Korean traffic laws. This is the crux of the matter and perhaps why the 2d ID Commander buckled under the intense pressure from the ROK and sent the case to trial under court martial. Under Korean traffic statutes when a pedestrian has been injured or killed, the most important principle in Korean society is to provide restitution to the victim and his family. The USFK provided restitution of $513,000 to the families of both girls. But Korean authorities handle traffic accidents in a significantly different way than authorities in the United States. Under Korean law, many traffic accidents, even minor ones, carry criminal consequences, as well as civil liabilities. Anyone who breaches the duty of care and causes the death or injury of another may be charged with "occupational negligence resulting in death or injury" under the ROK Criminal Code. Under the Korean system, the soldiers committed an "unlawful" act. (See Activists Clouding of Issues for full section covering the Korean Constitution and how the Activists have shifted the emphasis.)

Misunderstanding of the US & Military Legal Systems: The U.S. embassy and the USFK have done a very poor job in the area of public education dealing with explaining the differences in the legal systems of both countries. The Koreans of the general populace don't understand the U.S. criminal justice system with its presumption of innocence, the concept of reasonable doubt and the right to a trial by a jury of one's peers. (See Misunderstanding of the US & Military Legal Systems for the full section covering the U.S. Embassy writeup and a Korean editorial on the problems.)

Disinformation Campaign: Whether the "disinformation" from the NGO groups is being deliberately spread or if it is from pure ignorance is not known. What is known is that the disinformation campaigns by the NGO groups are EFFECTIVE. They use the internet to spread their messages -- in hangul of course -- and millions of Koreans are receiving their messages through websites specifically covering this incident. The Koreans are one of the most computer literate nations around -- and the NGO groups use the internet within Korea very effectively. The internet has been populated with numerous calls for justice.

Numerous websites dedicated to this incident abounds on the internet. An especially well-done one in English is at Kangfull.com which has pictures of the girls in childhood and reflects the emotions of the Korean people feel very well. However, to an American this may incite anger.

An educational website named Sinsago polled 2,237 respondents between 13 and 18 years old. The results found that 46.1 percent of them thought the next president should focus on improving the Korea-U.S. relationship toward a future-oriented one, including revision of the SOFA accord. Now the Koreans are promoting the use of "emoticons" on MSN Messenger to symbolize the tragedy is spreading. "#" is being used to represent the weave of the ramie cloth used for funerals with the color "white" for bereavement on Korean websites.

Cultural Differences: Some Koreans claimed that the USFK leaders slighted the Koreans because of their cultural insensitivity. Some Koreans stated that the USFK offered paltry monetary sums that were insults to the families of the dead girls -- but this has not been substantiated and appears to be NGO group disinformation. The US government gave US$323,000 (S$570,000) to the families of the girls, Shim Mi Son and Shin Hyo Sun. Awaniko777@hotmail.com wrote in a newsgroup, "USFK worked to ensure just compensation was paid to the families. Initial solatia (expression of sympathy) payments of one million won for each family were made quickly. Both families accepted approximately 195 million won each. USFK paid 75 percent of the final claims for compensation settled under Korean law and the SOFA on 11 September 2002 with the full involvement of ROK claims authorities. In addition, hundreds of soldiers in the 2nd Infantry Division participated in candlelight vigil to honor the girls. Soldiers donated more than $22,000 for the two families. Other private donations totaling more than $30,000 were received to construct a memorial to the two girls."

It has also been said that the leaders of the USFK and 2d ID did not respond quickly in apologizing PERSONALLY to the families of the individuals. In Korea, apologizing is not so much a matter of right or wrong, but a sense of propriety. The former Eighth Army Commander, Lt. Gen. Daniel R. Zanini, immediately apologized the same day the accident occurred and ensured the accident was investigated by both ROK and U.S. authorities. However, he rotated out within a short time and the NGO groups screamed that he was responsible and shouldn't be allowed to leave the country. They did NOT accept his apology -- and never intended to.

The 2nd Infantry Division Commander, Maj General Honore, the chief of staff and Sgt. Mark Walker visited the families to personally apologize. Somehow, the NGO groups forgot these visits happened. The Korea Herald stated, "From the viewpoint of Koreans, however, all these gestures of contrition were perfunctory rather than proper, leveling up only in proportion to the public's mounting anger. It sounded something like: "Sorry if you feel bad. Very sorry if you are angry. And terribly sorry if you are really mad." The NGO groups had an ally in the biased media.

Perhaps there is a kernel of truth in that the apologies may not have been made instantaneously, but they were made. After a while, everyone was apologizing -- and the NGO groups were accepting none of them. Public apologies were made to the Korean people by Maj. Gen. Russell Honoré, former Second Infantry Division Commander; Gen. Leon J. LaPorte, Commander of USFK; Ambassador Thomas Hubbard, U.S. Ambassador to Korea; Assistant Secretary of State James Kelly, and Secretary of State Colin Powell -- but only after the situation was getting out of control. When the situation was out-of-hand, everyone started apologizing and kowtowing to everyone. It was too late by then. In fact, an Korean editorial cartoon poked fun at the USFK commanders being urged to bow lower by Bush.

August 2002

Protests Spread Nationwide: At first the protests were local. A violent anti-U.S. protest outside Camp Red Cloud in Uijongbu, north of Seoul, on June 16, where two South Korean journalists were allegedly beaten by U.S. soldiers inside the base and tied up before being handed over to the police. There were violent confrontations at Camp Howze where the unit involved was stationed. On June 26, angry protesters tried to break into Camp Howze in Uijongbu to deliver a letter of protest. Two journalists who were arrested for following the protesters said they were physically abused by U.S. and Korean authorities. Then there were protests at the Change of Command ceremonies at Camp Casey in Tongduchon, and finally the protests spread to Seoul.

Not surprisingly at the front of these protests was Kunsan's activist priest, the Reverend Mun Chon-Hyun. The Reverend Mun Chon-Hyun spearheads these protests not only in Kunsan and the Cholla area, but throughout the nation. Reverend Mun is basically a human-rights activist who cares deeply in his anti-war cause. He was shown on the telecast holding a sign saying, "You Are All Guilty" -- meaning the blame for the deaths resides with the whole of the 2d ID and USFK. Reverend Mun is an expert promoter who has learned how to effectively manipulate the TV news. At times, he will appear to provoke the riot police by poking their shields, but the riot police know better than to attack an old man. He lays down in front of the riot police and confronts them face-to-face. As part of his protest, he was shown wrapped in a Korean flag as his head was shaved. Of course, there was the meaningful shot as he wiped a tear from his eye -- which one saw repeatedly in the shots of the friends, classmates, pupils, and family of the young girls. He has a sense of theatrics that cannot be slighted. His visual messages are powerful. Undoubtedly, he is a leader who is fearless and committed to his causes. Though some remark about his unauthorized visits to North Korea in the past that resulted in his imprisonment may link him to the North, none can fault that he believes in his mission.

Rev. Mun in face-to-face confrontation with Police (Apr 2002)
(Click on image to enlarge)
(From Tongil.news)

Though most of his protests are peaceful, the protests he has been part of at Camp Casey have resulted in the riot police reacting with force after being pushed too far. TV news coverage showed the riot police attacking people with their shields and one riot policeman striking out with his baton. The coverage showed the people hurt and bleeding from head wounds and those taken away in an ambulance. The anger was real...the tensions very high. The most hurtful cut was to a riot policeman afterwards trying to get through the crowd and being taunted with the remarks that he was "stupid" and questioned whether he was "Korean police or American police" -- meaning was he an American lackey.

The news coverage was carefully edited to show some military inside the fenceline at Camp Casey taking video tapes of the scene from an elevated platform -- while they were smiling and joking. This was interspliced with the people with bleeding head wounds giving the impression that the Americans were enjoying the havoc. We believe this was a result of clever editing -- and biased MBC news coverage.

College students picked up on the "injustice" and started their protests with "Memorial Rallies." Basically the rallies are the old rabble-rouser rallies used to incite the students to action -- usually violent. In one form or another, there have been similar rallies on all campuses across the country over this incident. An Associated Press story on 17 July 2002 stated that "About 130 student activists, shouting "Yankee go home," rallied on Tuesday near the U.S. Embassy, demanding that the two soldiers be tried in a South Korean court. About a dozen protesters briefly scuffled with riot police, who blocked them from entering the embassy building to deliver a protest letter. No arrests or injuries were reported." The demonstrations at the U.S. embassy continued unabated and at times became violent. (NOTE: Four students were convicted in November of conducting an illegal demonstration after they broke into the U.S. embassy compound in October demanding a U.S. government apology for the deaths of the two Korean girls. The Seoul District Court fined the students 5 million won ($4,150) for each. Activists denounced the students' convictions as unfair. Two other students have been accused of attempting to burn the U.S. flag remain on trial on charges of violating the National Security Law.)

Decision to Court Martial the Soldiers: Immediately following the accident the driver and tank commander were held not liable and were cleared of negligence. However, there was intense political pressure. Guy Womack, defense attorney stated after the trial, "I am very confident that these same verdicts would have resulted if these cases had been tried in the United States and the victims had been U.S. citizens. Indeed, it is my belief that, had the victims been U.S. citizens, there would not have been trials at all. That is because I know that Korean and U.S. police investigated this incident and concluded that the driver could not possibly have seen the two girls. They both realized that he was not negligent. Additionally, the army ordered an Article 32 investigation to be conducted - in essence, a trial to see whether the evidence was sufficient to warrant a criminal trial. The investigating officer recommended that Sgt. Walker not be charged with an offense in this matter. However, the then-commanding general of the 2nd Infantry Division, bowing to what must have been immense public pressure, referred him to trial, despite the clear evidence that he was innocent."

On 7 August, the USFK announced that it would retain jurisdiction over the two soldiers and they would be court martialed for two counts of negligent homicide. In addition, the corrective measures for prevention of these types of accidents in the future were announced. (See USFK Corrective Measures to Prevent Future Accidents for list.) The following is the USFK News Release.

SEOUL, Republic of Korea (ROK) Aug. 7, 2002 –United States Forces Korea (USFK) will retain jurisdiction over two soldiers involved in the accident on June 13, 2002, that claimed the lives of two teenage Korean girls.

“I want to again express our heart-felt remorse to the families and friends of Miss Shim, Mi-Son and Miss Shin, Hyo-Sun. We deeply regret the accident that caused their deaths. After careful consideration and review of multiple ROK and USFK investigations, USFK has determined that when the tragic accident occurred, the soldiers were performing their official duties while participating in an authorized combined training event required for alliance readiness. Based on that fact and other factors, it is appropriate that USFK retain jurisdiction,” said LTG Daniel R. Zanini, USFK Chief of Staff and Commander of Eighth U.S, Army.

“It is significant that the Uijongbu Prosecutor’s investigation results are basically consistent with those of our investigations. USFK also fully and carefully considered the Korean Ministry of Justice (MOJ) request that the United States waive jurisdiction in this case. However, after reviewing all of the issues associated with the accident, I concluded there was insufficient cause for a precedent setting transfer of jurisdiction,” LTG Zanini said.

Under the provisions of the Status of Forces Agreement between the United States and Korea, the United States will retain jurisdiction over Sgt. Mark Walker and Sgt. Fernando Nino, both of B Co., 44th Engineer Battalion, Engineer Brigade, 2d Infantry Division, Eighth U.S. Army. Each soldier has been charged with two specifications of negligent homicide under Article 134 of the Uniform Code of Military Justice (UCMJ) in the deaths of Miss Shim, Mi-Son and Miss Shin, Hyo-Sun. The Uijongbu prosecutor’s office has provided results of its investigation for USFK’s consideration. Additionally, administrative actions initiated against others in the chain of command are currently being considered.

“The United States and Korea have well-established and longstanding policies to maximize criminal jurisdiction over their military personnel in order to promote good order and discipline within their respective military forces. The one instance in which waiver of jurisdiction occurred was in Japan in 1957, before the SOFA between the United States and Japan was negotiated. In that case the act was intentional, not an accident like the current situation here in Korea, where it is indisputable that the individuals involved were clearly acting in the performance of their official duties,” said Colonel Kent Meyer, USFK Judge Advocate.

Following that decision in 1957, President Eisenhower sent the following assurance to the United States Senate, “It has been, is, and so far as I can foresee, will be our policy not to waive the primary United States right to try where the ‘performance of duty’ matter is clear. As a matter of fact, no waiver of primary United States right to try has ever been given where that matter was clear.”

“Accordingly, the United States has never waived its primary jurisdiction in an official-duty case under the provisions of the Status of Forces Agreements that exist among the United States and the nations of Korea, Japan, and those member nations in the NATO Alliance,” added Colonel Meyer.

USFK is putting preventive measures in place and taking significant corrective measures to avoid accidents in the future. These measures include formation of a task force with the Korean Ministry of National Defense, the Ministry of Foreign Affairs and Trade, the Ministry of Construction and Transportation, and the Ministry of Justice. The task force would enable USFK to better understand Korean perceptions and to examine training, accident, and movement procedures to prevent similar accidents in the future.

Unprecedented accident prevention measures are being taken throughout USFK in cooperation with ROK governmental agencies. USFK will improve local notification for short-notice training moves and enhance their communications and vehicle movement procedures. Communication equipment maintenance procedures are also being reviewed in an effort to reduce even minor defects.

Additionally, the Second Infantry Division is taking more than 20 significant measures to improve safety during training. Several of those measures include:

• · More detailed notification of local leaders concerning training activities
• · Intercom systems upgrades to improve communication between the vehicle driver and vehicle commander
• · Additional mirrors and other vehicle reconfigurations to improve the visibility of vehicle drivers
• · Front and back guide vehicles for vehicles like the one involved in the accident
• · During training exercises, unit command posts will closely monitor and control vehicle movements
• · Two-way convoys on two lane roads are prohibited The Second Infantry Division is also taking all vehicles of the type involved in the accident off the roads. The vehicles will be moved on large transport trucks.

When they decided on the court martial, the USFK had a no-win situation on their hands. That the soldiers would be acquitted was fairly assured. An acquittal would free these individuals from any future threat of prosecution in Korean courts. Under current SOFA rules, those found innocent cannot be tried in the Korean courts. If you say that made the court martial system a farce, you may be right, but it was a rational answer to protecting the soldiers from ever being dragged into the Korean court system. In addition, by seeking a court martial, the USFK sought to appear as a seeker of justice bending over backwards to find the truth. It was a ploy to appease those Koreans demanding the soldiers be tried as many Koreans initially believed the soldiers would receive no punishment at all. It was intended to defuse the explosive situation.

However, when an acquittal would be announced, there would be larger protests across Korea over the injustice of the situation from the NGO groups. Any "not guilty" verdict would result in the whole trial being called a sham. This is what the NGO groups had been saying about the court martials. A "not guilty" verdict would play right into the NGO groups hands in inciting the Korean populace.

On the other hand, in the unlikely possibility that the court martial returned a "guilty" verdict, there would have been a great storm of protests from the U.S. It would have been such a travesty of justice as the facts pointed to this court martial being politically motivated -- and should never have taken place in the first place. The soldiers would have been seen as sacrificial lambs to save the generals of the USFK and the ROK-U.S. alliance.

But the scariest part of a guilty verdict would be that the NGO groups would immediately DEMAND the soldiers be turned over for prosecution in the Korean court system. They would have gotten what they wanted -- handed to them gift-wrapped. To the NGO groups, a court martial was a win-win situation; but to the USFK, this was a no-win situation whichever way they turned.

USFK Statement:

SEOUL, Republic of Korea (USFK) July 5, 2002 – Two soldiers assigned to Second Infantry Division's 44th Engineer Battalion, Camp Howze, have been formally charged under the Uniform Code of Military Justice (UCMJ) with the deaths of two young Korean girls. The action was taken after an extensive joint investigation into the June 13 accident in Kyong-gi Province.

Sgt. Mark Walker and Sgt. Fernando Nino, both of B Co., 44th Engineer Battalion, Engineer Brigade, 2d Infantry Division, Eighth US Army, were both charged with two specifications of negligent homicide under Article 134 of the UCMJ in the deaths of Ms. Shim, Mi-Son and Ms. Shin, Hyo-Sun.

Walker was the driver and Nino was the track commander of the armored vehicle involved in the accident. Both are charged with the deaths of the two girls by negligently failing to ensure the safe operation of the vehicle.

Both Walker and Nino will be assigned qualified military counsel to assist in their case.

---

September 2002

Anti-Americanism Grows: The key rallying cry "Bring the GI criminals to the South Korean court!" intended to turn the Americans over for trial in a Korean court. However, under the SOFA this would never happen as the accident occurred while in the performance of official duty. Unlike murder, rape or arson which could be tried in Korean courts, the incident is outside the jurisdiction of the Koreans and clearly covered under the SOFA protection.

The widespread Anti-American sentiment should be distinguished from ideological "Anti-Americanism." The NGO groups contain some elements that are definitely "Anti-American" wishing the Americans to go home. However, the majority of Koreans still agree with the presence of the USFK -- though a growing element believes the U.S. should leave in the future. However, the Korean people are frustrated by the tragic nature of the incident and feel a sense of powerlessness, as Koreans were victims, but no one was held responsible. All the bowing in the world cannot remove this.

The U.S. embassy offered only weak initial responses in June and the Kim Dae-jung administration basically remained silent. The leaders of both countries were distracted by the World Cup in June, the North-South Korean naval battle and North Korea's revelation of a nuclear program. The accidental deaths of two girls did not seem to compare to the scope of these other events and were relegated to the background. Their neglect in offering the appropriate responses at the time led to the confrontations of September.

USFK paid to the families of the two girls initial solatia (expression of sympathy) payments of one million won for each family were made quickly. Both families accepted approximately 195 million won each. USFK paid 75 percent of the final claims for compensation settled under Korean law and the SOFA on 11 September 2002 with the full involvement of ROK claims authorities. In addition, hundreds of soldiers in the 2nd Infantry Division participated in candlelight vigil to honor the girls.

Soldiers donated more than $22,000 for the two families. Other private donations totaling more than $30,000 were received to construct a memorial to the two girls.

The activists in the streets were emboldened and started to become more radical in their protests. Confrontations with riot police and demonstrations outside of Yongsan became commonplace. On 14 September 2002, a group of protestors cornered some soldiers from Camp Red Cloud on the Seoul subway and a fight broke out. One of the Korean protestors noses was broken in the scuffle. Two of the Americans escaped and fled to the police for protection and were "detained." Unfortunately, one of the Americans was abducted and taken to Chamsil Stadium where he was forced to make a "confession." The USFK protested this incident through the US Embassy, but the strongest language the Korean Police could say was the "detaining" of the suspect was "illegal" and charges of "restraint against one's will" MAY be filed against some of the protestors. Nothing was mentioned of "kidnapping" as this could be blown up into a nasty international incident. (See September Subway Incident for details of the abduction.)

In the subsequent actions, the USFK and Embassy did nothing fearing that punitive actions against the "kidnappers" would add fuel to the situation. The ROK Police were not chastized and the whole affair was swept under the carpet. The lack of response is just what the NGO groups wanted -- and expected from an ineffectual Embassy and USFK. They saw that the USFK threats of not tolerating violence against their camps was just talk...and they could enlarge the scope of their protests.

Anti-Americanism Grows in S. Korea written by an Anti-American activist reads, "It is against these backgrounds that an "incident," called so by the only nuclear superpower, has triggered a wave of strong nationwide protests involving people from different quarters including school children, student-youth, writers, journalists, religionists, women, trade unions, peace makers, and politicians. A variety of protest actions have been launched throughout South Korea--demonstrations, mass rallies, signature-collecting and fund-raising, memorial events and so on. Nation-wide meetings alone have thus far held on five occasions within a matter of five weeks since the tragedy incurred, and even primary school children have come to join in protest. Leading mass media, which had generally refrained from reporting on GIs' crimes and troubles between the USFK and residents of localities, are now paying more attention to the new developments. Floods of e-mails are coming in the media, government organs, and NGOs' Websites. The public is unanimous in demanding, among other things: "Bring the GI criminals to the South Korean court!""

Protests Continue to Grow: In a Presidential election year, every Korean politician jumped on the band-wagon to get his name in the news. The accident suddenly became high-profile. This appears to be the only reason the personnel were to be court martialed for what was a tragic accident that occurred in the line of duty. In an Army Times article, South Korea: U.S. military driver didn't hear warning (AP) July 02, 2002, "An initial investigation by the U.S. military and South Korean police concluded last month that the deaths were a "tragic accident." However, when the NGO groups and families cried foul, the ROK Prosecutor's office "reinvestigated" the case and started to make demands for jurisdiction that put it into direct conflict with the SOFA.

Families and friends of the victims demanded that the USFK forgo its rights to try the soldiers in a U.S. court and let the investigation be done by Koreans. South Korea requested that the U.S. military give up jurisdiction over the two soldiers in early July. If the two had been convicted in a South Korean court, the soldiers would have faced up to five years in prison. It was a head-to-head contest when the South Korean prosecutor's office wanted the USFK to give up jurisdiction. (See South Korea asks U.S. military to hand over American soldiers accused in teens' death (AP) July 10, 2002.)

The U.S. military did not respond to the Korean prosecuter's accusation that it was a "crime" and punishable under "negligent homicide." Under SOFA, the military can ALLOW South Korea to try American soldiers involved in ACCIDENTS that occurred while on duty, but so far the USFK has never done so in the entire existence of the SOFA in Korea. The only way out of the Korean SOFA jurisdiction trap was to offer up the individuals for court martial for negligent homicide -- knowing full-well that they would most likely be acquitted. Under Korean law, they could not be retried if found innocent. In early July, the U.S. military indicted Sgt. Mark Walker and Sgt. Fernando Nino on charges of negligent homicide for trial in U.S. military courtmartial in South Korea. If they had been convicted, they would have faced up to six years in prison.

In August, school children protested peacefully in front of the Main Gate of Kunsan during nation-wide protests for the reunification of Korea. But this protest was also tied in with the on-going protest over the deaths of the girls by the Army carrier in Uijongbu. This part of the demonstration was played down by the base authorities. (Go to TongIl News for the August 15th Rally.)

In the end, one wonders what effect this will have on the morale of the rank-and-file Army grunt who may be saying, "There but for the grace of God go I. If the commanders will sacrifice them, what will they do to me if I screw up?" Even if the two soldiers were acquitted, there remains the lingering doubts. Four in the chain of command were given reprimands over this situation -- particularly about the lack of safety precautions, but these facts were not released by the USFK until December.

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October 2002

A Tragedy That Could have become an Injustice: An excellent analysis of the Korean situation created by this incident is at Korea Watch . This incident has become political with senior commanders kowtowing everywhere -- from the unit commander to the 2d ID commander to the USFK commander -- and the U.S. Ambassador to Korea, as well as the U.S. Secretary of State offering their apologies. The USFK has looked like bumbling clowns in their handling of this incident in the face of the well-organized actions of the NGO (Non-governmental Organization) activist groups. Every act they took played right into the public-relations hands of the NGO groups.

A Tragic Accident

On June 13th along a road in south Korea, a US Army Tank ran over two female junior high school students. It is correct to call this accident a tragedy. The victims suffered a horrible death. The families and friends of these girls will be haunted by the deaths, as will those soldiers involved in the accident.

The accident itself in which Shim Mi-son and Shin Hyo-sun were killed, though tragic, is of a type all too common in Korea. One Korean news report states that approximately 82 children are killed or injured in traffic accidents every day in Korea and 70% of those accidents involve children walking on or along a road. [i] (Kukmin Ilbo 2001 05 04)

The accident occurred along a narrow road near Yangju, north of Seoul, on a route commonly used by US military vehicles to travel to and from the Twin Bridges training area near Uijongbu, south Korea. Shim Mi-Son and Shin Hyo-sun were on their way to a birthday party, walking on the edge of the road. Sergeant Mark Walker was driving an AVLB, an M-60 tank designed to carry a tank bridge, as the third vehicle in a seven vehicle convoy moving to the Twin Bridges Training area. According to published reports, the AVLB adjusted its position away from the center line of the road in order to not collide with an approaching convoy of Bradley Armored Personnel Carriers. The AVLB was actually wider then the lane it was traveling in, so this brought the right track of the AVLB directly behind where the students were walking. When this happened, the students were in a blind spot caused by part of the bridge laying apparatus on the AVLB. The track commander, Sergeant Fernando Nino tried to warn the SGT Walker, but he had configured his radio system to talk to his company commander and he was unable to hear the warning of SGT Fernando. [ii] The girls were crushed by the right track of the 54 ton tank. SGT Walker stopped on top of the girls, then backed the tank off of where their bodies lay.

An Injustice for the Soldiers?

The US military in Korea has gone to extremes to address Korean’s concerns over this incident. The 2nd Infantry Division investigated the accident and presented their explanation. The unit involved held a candlelight vigil. The commander of US Forces Korea apologized. [iii] Despite these efforts, the US military has not been able to placate outrage over this accident. In part, the US was incompetent in dealing with this situation because of the efforts of increasingly well organized anti-US Non Governmental Organizations seeking to turn this accident into a political incident. In addition, electioneering politicians [iv] of all parties attempted and continue to attempt to use this issue to show their independence against the United States by condemning the US and calling for the prosecution and punishment of the two soldiers primarily involved in the accident in Korea’s courts.

As a result, the Walker and Nino have now been charged with negligent homicide [v] by the US military and the Korean government is calling for them to be turned over to Korean authorities for trial and punishment [vi] even though initial investigations by Korean police and US Forces[vii] (Joongang Ilbo 2002-06-30) clearing these soldiers of having acted intentionally or negligently [viii] and despite their having been at the time of the accident performing under orders which they were legally required to obey on a route they were required to follow in a manner specified by their commanders and the military. As such, a tragedy is about to become an injustice.

Negligent Homicide

Officially, Walker and Nino have been charged with “negligently failing to ensure the safe operation of the vehicle.” [ix]

Negligent Homicide is covered in the Uniform Code of Military Justice Article 134 and is defined as “any unlawful homicide which is the result of simple negligence [x] (Uniform Code of Military Justice Article 134 4.86.3 c)

Simple negligence is defined as:

Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances.[xi](Uniform Code of Military Justice Article 134 4.86.3 c)

Examples of negligent homicide part of a military training lesson on criminal law states: The driver who goes through a red light and strikes and kills a pedestrian may be guilty of negligent homicide. The necessary acts for negligent homicide are not so severe as to amount to criminally culpable negligence, but are far enough from the expected conduct of a prudent person to amount to simple negligence. One in charge of a water crossing exercise failed to assure that persons crossing the creek were wearing life vests and secured to tagline and that a boat was following those crossing. His conduct was simple negligence. He was properly convicted of negligent homicide when a soldier fell from the rope and drowned. United States v. Zurrigl, 15 MJ 798 (ACMR 1983). In this case, the accused who was as the person in charge had a duty to take adequate measures to protect the persons under his charge from harm. The court concluded that a reasonably prudent person in the accused's position would have ensured that the persons crossing the creek were wearing life vests and secured to a tagline and that a boat was following those crossing. Failure to do so constituted simple negligence which caused the victim's death. [xii]

Movement of military vehicles is inherently dangerous, especially through civilian areas.. For this reason, movement of military vehicles in any number is done through a convoy. Convoys are regulated and tightly controlled. The very nature of these regulations is to reduce the chance of accidents.

In the army convoys are covered by local unit standard operating procedures and Field Manual 55-30 “Army Motor Transport Units and Operations.” An examination of the guidance in FM 55-30 shows that the leaders did much of what was required. They had proper convoy clearance. They had numbers on their vehicles. They placed the command vehicle, an M-113 directly behind the lead vehicle, a Humvee. They placed the AVLB, a vehicle requiring special attention, directly after the command vehicle.

Another requirement they likely followed is a safety briefing in which, prior to movement, the leader in charge of the movement warns drivers and passengers about the dangers and hazards associated with the route and any other information to assure the orderly and safe transit of the convoy to the destination. It is required that leaders advise convoy members of safety issues related to the movement [xiii] , including movement through populated areas along the route, the presence of pedestrians and other vehicles along the route, and areas in which the width of the road or reductions in the width of the road pose a hazard [xiv]

An editorial in the Joongang Ilbo published shortly after this accident described the road as very dangerous, especially to pedestrians, and commented that it was amazing that more accidents did not happen. [xv]

Early investigation by Republic of Korea police identified that one of the reasons for the accident was that the lane was narrower then the AVLB.[xvi](Joongang Ilbo 2002-06-15) If this was not known by leaders or not provided as part of the safety briefing to the driver and tr