USFK Child Molestor The ROK press has tried and convicted a U.S. military doctor in the press. This will be the format for the coming years to find dirt on the U.S. The Yonhap News stated, " S. Korean Police Book USFK Child Molester SEOUL, Jan. 20 (Yonhap) -- South Korean police said Tuesday they booked a U.S. military medical doctor without physical restraint on charges of sexually abusing his adopted Korean child. The 43-year-old man is suspected of sexually molesting his three-year-old adopted Korean son over the past 15 months, said Byun Bu-seop, a detective at the Yongsan Police Station."

(Followup: In June 2004, the Stars and Stripes reported that according to officers of the Seoul District Court, Lance May, a 43-year-old American who practiced medicine at the 121st General Hospital on Yongsan Garrison, will return to court June 7 after an initial May 19 round of questioning. May’s attorney, confirmed the renewed court date and said South Korean authorities weren’t currently holding May. According to Seoul prosecutors, May was charged after South Korean investigators received information from the U.S. Army’s Criminal Investigation Command at Yongsan. The information contained allegations that May had sexually abused a minor. Because the alleged victim is not covered by the Status of Forces Agreement, and because the alleged abuse took place off-duty and off-post, the case is being handled by South Korean courts. May was a civilian doctor under contract to work at the 121st General Hospital, 8th Army officials have said. His contract was terminated in mid-January, the officials said. They declined to disclose how long May had worked at the hospital. According to the 8th Army officials, the command learned of the allegations against May in January — the same month his employment contract was terminated. Citing privacy rules, 8th Army officials said they could not disclose the reasons May’s contract was ended.)

Army Major Murder Trial Another example of sensational reporting is the murder trial of the Army Major who killed his wife in 2003 and dumped her nude body off the Inchon Bridge. The murder trial of Maj. Richard K. Hart, accused of killing his wife and dumping her naked body from a bridge outside Seoul, was scheduled to begin May 17, a military judge announced at his arraignment. At the defense attorneys' request, Col. Edward O'Brien, the 6th Judicial Circuit judge, deferred until March 31 a hearing on how Hart would plead to the charges of murder without premeditation, obstruction of justice, assault and willfully disobeying a superior officer. Under the Uniform Code of Military Justice, a charge of murder can be brought with specifications that the act was premeditated or not premeditated.

The SOFA implications were that the ROK could have attempted to exercise its rights of jurisdiction, but it would have been a technical fight as the crime was against someone under U.S. jurisdiction. The crime was committed on Yongsan garrison but the dumping of the body off the Inchon bridge was off-base. The ROK Ministry of Justice ceded to the USFK jurisdiction. The potential for sensational reporting by the Korean press may surface later though.

EPILOGUE: According to the Jeremy Kirk, Stars and Stripes, "Hart sentenced to 26 years for wife's death" (11 Jun 2004), "Army Maj. Richard K. Hart, arrested last August after throwing his wife’s naked, plastic-wrapped body over a bridge, was sentenced to 26 years Wednesday for the brief brawl that resulted in her death, plus other charges. The military judge’s ruling came at the end of a long, emotional day that included Hart’s daughter breaking down on the stand and Hart himself being restrained by confinement personnel when he tried to approach her on the witness stand. Hart, 45, originally was charged with murder in the death of Patricia Ann Hart, 53, described by the couple’s daughter as an always-smiling but broken woman whose emotional state crumbled as her marriage failed amid domestic violence. But Judge Lt. Col. Edward O’Brien, after 75 minutes of deliberating, found Hart guilty of voluntary manslaughter in an Aug. 9, 2003, spat that left his wife dead on the floor of his Itaewon apartment. The law defines voluntary manslaughter as a provoked, unlawful killing committed in the heat of passion. Hart’s 26-year sentence also covered his conviction on other charges: two aggravated assault charges for his violence toward his wife and daughter Allison, obstruction of justice for stripping his wife’s body and throwing it over the Yongjong Bridge on the way to Incheon International Airport, disobeying a direct order and adultery." ... "Allison Hart, 20, returned to court and continued her statement, saying her father cared only about his job and that she could not believe he would put her mother in a bag and throw her to a “watery grave.” “This is an act of a sad, demented, malicious person,” she said. “I’m embarrassed to call him my father and even more disgusted to have trusted him over the years.” After pleading guilty to some charges Monday, Hart testified that his wife woke him the night of Aug. 9 by hitting him in the face, knocking out two fillings. Hart testified his wife was angered he was not wearing his wedding band, which he’d placed on a night stand. She wrapped a cord around her neck and threatened to strangle herself and throw herself off the balcony, Hart said. The two struggled, Hart testified, saying he may have struck his wife. She fell to the floor, he said, and he left the apartment. When he returned three or four hours later, Hart said, she was dead. He returned to work for five hours and spent the next two days at his girlfriend’s, while his wife’s body lay in his apartment. Korean police arrested him early in the morning of Aug. 12 after they observed him stop his car on Yongjong Bridge and heave her body over the side. Because of the gap in time between when she died and was found, pathologists testified, they had trouble discerning her cause of death."

Seoul Court Orders ROK to Pay Compensation for Range in Paju The anti-USFK judges sitting on the Seoul courts continue to find judgements over land use/abuse against the USFK. As the "injured parties" cannot sue the USFK as the land is provided gratis free, they have started a new tact of suing the ROK who in turn can "ask" the USFK to share the judgement burden. There is a formula over legitimate damages where the ROK and USFK share the burden. Of course, for the range/camp/base usage problems the USFK will refuse and then the ROK can shift the "blame" to the USFK. The Ministry of Defense in the past has requested the USFK to pay its "share" of these judgements -- which is automatically refused as the land is provided gratis by the Korean government. Any judgements are fully the ROKs responsibility to refute in the courts. This ploy has been used repeatedly by the environmental groups such as Green Korea.

On 14 Jan in a "precedent-setting" ruling, a Seoul court ordered the South Korean government to pay compensation to local residents for allowing their property "to be used by the U.S. military without their consent." Since 1973, the government has permitted the U.S. military to use free some 2 million pyeong of land in Paju north of Seoul as firing ranges without consultations with local residents. (NOTE: Notice how this strategy blames the USFK for using the ranges without consent, even though it is the ROK government which grants the land's use.)

The latest round of courts sympathetic to the NGO activist groups cause is underway. The strategy for 2004 is to now attack the ROK government for compensation as the USFK is becoming more than willing to move if confronted by hostile NGO activist groups -- much to the chagrin of the nation as their national defense expenditures are expected to skyrocket by such USFK actions. This strategy would have been unheard of a few years back, but as the USFK starts to turn over lands under the LPP (Land Partnership Plan) the activist supporters are stacking their claims to any land returned to the ROK. The activist groups have learned from their experience with the Yongsan Garrison where the Seoul City government had plans for the Yongsan Garrison, but the Ministry of Defense stepped in and made other plans for disposal of the lands -- especially plans to sell the land to cover the costs of relocating the USFK to Pyongtaek. None of this sits well with many activist groups.

USFK hands S. Korea authority for dealing with traffic violations

By T.D. Flack, Stars and Stripes
Pacific edition, Wednesday, April 30, 2003

SEOUL — U.S. and South Korean officials agreed Friday to give local off-base authorities the power to administer jurisdiction over privately owned vehicles in the American military community.

The agreement was made during a meeting of a special joint task force formed to improve the implementation of the Status of Forces Agreement between the nations.

South Korea has had jurisdiction since 1966 under Article 24 of the U.S.-ROK Status of Forces Agreement, according to a Ministry of Foreign Affairs and Trade statement, but USFK officials administered the rules. The agreement includes tens of thousands of unpaid traffic violations worth nearly $500,000, which have accumulated since 2000.

USFK officials said U.S. soldiers are required to pay traffic violation fines, but the problem has been that violation notices were often received months after troops had left the peninsula and often came without an English translation or clear instructions on how to contest or pay the fine.

"This phenomenon can be seen to be trivial, but it gives Korean public a significantly wrong impression that USFK personnel are immune from local authority's jurisdiction," the ministry stated.

A ministry spokesman said U.S. forces officials requested at last week's meeting that the unpaid fines for servicemembers no longer stationed in South Korea be scrapped.

The spokesman said that was impossible, but that if the fines go unpaid for five years, they are wiped off the books.

Beginning Aug. 1, the ministry said U.S. Forces Korea personnel must register their vehicles with local government offices and "the vehicles of the U.S. military personnel will be treated in the same way as those owned by Korean nationals."

The most noticeable difference will likely be license plates. Currently, privately owned vehicles use license plates with a numeral instead of a Korean character preceding the four-digit plate number.

According to USFK, current plates will be phased out in the reregistration process during the next two years, with a final deadline of Dec. 31, 2004.

The new plates "will likely look identical to ROK plates other than minor modifications as necessary to affix plates to an American vehicle," according to USFK, but the Ministry of Construction and Transportation hasn't finalized the new plate guidelines.

Other changes include:

• Traffic violation notices will be printed in both Korean and English and provided within 40 days of the alleged violation.
• South Korean registration officers will travel to large military bases, such as Yongsan Garrison, regularly to assist in registering vehicles.
• South Korean officials will send a list of unpaid fines to U.S. Forces Korea each month, and within 72 hours, military police will ban those vehicles from going off base or being sold until the fines are paid.
• USFK personnel who commit traffic offenses punishable by license suspension under local regulations will lose their USFK licenses for periods stipulated by South Korean law.
• USFK will conduct random checks to ensure drivers maintain current liability insurance. Ministry officials said they are happy with the changes and expect "that our law enforcement will become much more effective."

"ROK particularly appreciates U.S. initiative to render its support for the effective enforcement of relevant ROK laws," the ministry release stated.

Fatal Accident in Suwon (Nov 03) has Reprecussions: The trial has been touted in the Korean press as some sort of moral victory over the jurisdiction issues dealing with the SOFA. The case itself is cut-and-dried. It occurred off-duty, off-base and is without question one that is in Korean jurisdiction. The only new part is that Sgt Jerry Onken, 33, was the first U.S. soldier to be handed over to South Korean authorities for custody before a trial. Surrendering troops to South Korean courts for pretrial custody was agreed upon as part of a 2001 revision of the SOFA, but never exercised until now. (See GI Kills Woman at Osan with Car and Flees (Nov 2003) for details.)

On 5 February, Sgt Onken was sentenced to three years in prison. The following article is from Associated Press:

Soldier Sentenced To S. Korea Prison

Associated Press
February 5, 2004

SUWON, South Korea - A South Korean court sentenced a U.S. soldier to three years in prison Thursday for killing a woman in a drunken driving accident, then fleeing the scene. Three other people were injured. Sgt. Jerry S. Onken, 33, of Onamia, Minn., was the first U.S. soldier to be handed over to local authorities before trial under revised rules in 2001 giving South Korea greater authority over accused GIs. Onken had admitted drinking three bottles of beer and two whiskey shots hours before the collision at an intersection on Nov. 28. He also admitted fleeing the scene in panic.

Prosecutors had sought a five-year prison term. The charge usually carries a sentence from five years to life imprisonment in South Korea.

Judge Kim Chul-hyun called Onken's offenses "very serious" but said the reduced sentence accounted for Onken's statements of regret and a 13-year military career in which he won 15 awards.

Onken, a member of the 1-43 Air Defense Artillery Battalion based in Suwon, south of Seoul, was expressionless as the sentence was announced. "I'd just like to say, I'm truly sorry for the crimes I have committed," he said.

Under the Status of Forces Agreement, which covers the 37,000 U.S. soldiers stationed in South Korea, Seoul has primary jurisdiction over U.S. soldiers accused of serious crimes committed when off duty. The U.S. military maintains jurisdiction over troops who commit crimes while on duty.

The conduct of U.S. soldiers is a sensitive matter in South Korea, which has played host to hundreds of thousands of American troops since the Korean War ended with an armistice in 1953.

Last year, huge protests erupted across the country after U.S. military trials acquitted two American soldiers of negligent homicide in the deaths of two 13-year-old South Korean girls. The soldiers were on a training mission when their armored vehicle struck the teenagers.

The following is from USFK: Driving in Korea:

There must be a logical explanation why driving in Korea is more difficult than in the United States. At first glance, you can clearly see that there are many vehicles and too few roads to handle the traffic in an orderly manner. This situation may be the reason taxis and other vehicles drive aggressively, weaving in and out of traffic. Buses and heavy trucks are required to use the extreme right lanes but very often wander into other lanes.

In addition, experience is a factor in driving in Korea. Americans have been driving for many years. As a result, we developed and learned safe habits when around motor vehicles. In Korea, the motor vehicle growth was sudden, thus not allowing for the development of safe habits as in the United States.

On every road in Korea, you can expect to find people. On expressways, extra caution is required around road repair and maintenance sites. Maintenance workers are prone to step into the path of traffic and drivers must be prepared to stop immediately. Also watch for workers when going through tunnels and toll gates.

There are many pedestrians in Korea. Traditionally, they have felt that they have as much right to the use of the roads, and therefore expect vehicles to yield to them. This behavior creates a real hazard for you as the driver. It is wise to reduce speed when driving around pedestrians, especially children. Many Korean children have a preconceived notion that by raising their arms, a vehicle will stop to allow them to cross the street. Watch out for them and prepare to stop. Pedestrians also become confused while crossing roads, often stopping suddenly and then moving into the paths of moving vehicles. A common occurrence is for pedestrians to run or walk into traffic lanes from the front or rear of halted or parked vehicles and other blind spots.

Although much of Korea is using the motor vehicle as a means of transportation, there are still some people who rely on other more economical means of transportation. It is not uncommon to find yourself sharing a road with animal or human drawn carts. Even more unpredictable and hazardous are bicycles and motorcycles. They are usually overloaded and unstable. Slow down and give them lots of room, as the operators are noted for weaving into the paths of passing vehicles. Even more disturbing are the motorcyclists who drive on the extreme right side of the road at an excessive rate of speed and pass your vehicle on the right (one should constantly keep an eye on rear view mirrors to reduce the element of surprise).

Change in Color Code for Road Conditions The color code for road conditions in Korea used to be an indication of weather conditions. The weather condition codes for road conditions used to be:

Commanders and Directors are reminded that government vehicles should not be driven in RED or BLACK conditions unless it is an emergency vehicle or the commander/director approves it for mission essential requirements. All personnel are reminded that no vehicles should be parked on roads designated as "snow routes." It is critical for us to keep these roads clear. Vehicles in violation will be towed.

GREEN: Post operations are unaffected. Normal operations. Dry. Visibility greater than 50m; Blowing snow.

AMBER: Roads are passable but with difficulty. Cautious conditions. Unsafe Driving conditions exist. (Pavement wet, covered with snow less than 4 inches or packed slush/patches of ice; fog visibility 20-50m; extremely slow traffic patterns with secondary road closures).

RED: Roads are impassable and danger exists in operation of motor vehicles. Only emergency vehicles and mission essential tactical vehicles should travel. (Pavement wet/flooded/covered with snow over 4 inches with continuous accumulation and/or sheet ice; fog visibility less than 20m; little to no mobility without 4-wheel drive and/or traction devices; primary road closures, several accidents throughout the area).

BLACK: Roads are impassable and extreme danger exists in the operation of motor vehicles. ONLY EMERGENCY VEHICLES SHOULD TRAVEL. (Pavement flooded/heavily covered in snow and ice; snow over 6 inches; fog visibility less than 15m; impassable to vehicles without 4-wheel drive and/or traction devices; primary road closures; stranded motorists).

Highway conditions are color coded as follows:

a. Green - road conditions are normal.

b. Amber - only vehicles essential for official business will be allowed to exit the installation.

c. Red - only vehicles on emergency missions are authorized to exit the installation. An emergency mission is one which meets one or more of the following:

(1) Protection of life and property.

(2) Emergency road repair crews or communication repair crews.

(3) Military police missions.

(4) Transportation regulating mission

d. Black - road is not passable.

FEBRUARY 2004:

U.S. Begins Deploying Upgraded M1A1 Abrams Tanks The Stars & Stripes stated on 7 Feb 2004 that dozens of high-tech U.S. M1A1 Abrams battle tanks had started arriving at Camp Casey to strengthen its war capability by replacing some of the division's older tanks.

Three versions of the Abrams tank are currently in service the original M1 model, dating from the early 1980s, and two newer versions, designated M1A1 and M1A2. The M1A1 series, produced from 1985 through 1993, replaced the M1’s 105mm main gun with a 120mm gun and incorporated numerous other enhancements, including an improved suspension, a new turret, increased armor protection, and a nuclear-chemical-biological protection system. The 2d ID is replacing the M1A1 tanks that it received in 1995. The newer M1A2 series includes all of the M1A1 features plus a commander’s independent thermal viewer, an independent commander’s weapon station, position navigation equipment, and a digital data bus and radio interface unit providing a common picture among M1A2s on the battlefield.

Camp Casey gets first batch of high-tech Abrams tanks

By Seth Robson, Stars and Stripes
Pacific edition, Saturday, February 7, 2004

Dozens of high-tech, refurbished M1A1 Abrams main battle tanks have started arriving at Camp Casey to replace the 2nd Infantry Division’s older tanks.

Tankers from the 2nd Battalion, 72nd Armored Regiment, Company A braved sub-zero temperatures at a Camp Casey railhead to unload one of several consignments of tanks from carriages Thursday.

Officials said safety was a priority during the unloading process, which involved driving 15 tanks along a line of carriages slightly narrower than the width of the vehicles’ tracks, then maneuvering down a concrete ramp at the railhead.

Ramon Cruz, a civilian Defense Department employee from the Tank and Automotive Command in Fort Hood, Texas, is overseeing the vehicles’ arrival.

The new tanks have the same armor package, capabilities for maneuvering and weapons range as the vehicles they are replacing but have had a host of high-tech features added, he said.

Refurbishment involved stripping the vehicles down to their turrets and chassis, then sending them through the assembly line at General Dynamics’ Lima, Ohio, tank plant, Cruz said.

The tanks now have embedded diagnostic systems that can tell maintenance crews the causes of any problems that develop. The systems cut more than two hours from the time it took merely to set up the old diagnostic equipment, officials said.

The new tanks are also equipped with high-tech "Eyesafe" laser sites.

"The Eyesafe prevents a lot of accidents when it comes to firing the laser," Cruz said. "The old lasers were dangerous to people's eyes and could only be used at a designated laser firing range."

The Eyesafe laser still is dangerous if fired directly into a soldier's eye, but will not do damage when reflected off glass or metal, Cruz said.

The new tanks are powered by the same 1500-horsepower jet engines in the old models and in Iroquois (Huey) helicopters. But the engines, which use aviation fuel, are expected to last longer in the new tanks because digital systems slowly warm them up and cool them down to prevent damage during start-up and shut down.

"We're having better engine run times and better performance, and we're using less fuel than we did with the previous M1A1 models, which did three to five miles to the gallon," Cruz said.

Staff Sgt. Edison Bayas, a Company A tank commander, said electronics incorporated in the tanks will make working with them much different from working with the old models.

"The driving techniques are the same but it's easier for the tank commander, who has a computer display showing where his tank is and where the rest of the platoon is," he said.

"These tanks give us more lethal power. With the tanks we have now, we can do some damage to the enemy, but these will give us greater power," he said.

Maj. Bob Finnegan, 1st Brigade's logistics officer, supervised the tanks' arrival and said the vehicles will be "de-processed" at Camp Casey before being sent into the field.

"All the soldiers are really excited about getting new tanks," he said. The refurbished machines will be issued in three segments, he said: The 1st Battalion, 72nd Armor Regiment in June and July; the 4th Squadron, 7th Cavalry Regiment later in summer; and the 2nd Battalion, 72nd Armored Regiment in the first quarter of fiscal 2005.

“The M1A1 is the best tank in the world,” he said. “It is very exciting getting updated and new models. It will improve the combat readiness and maintain the ‘fight tonight’ posture.”

The division’s old tanks, which arrived in 1995, will return to the United States, where they also may be refurbished or could be sent to a National Guard unit, Finnegan said.

MARCH 2004:

Rift in Intelligence Sharing between ROK and US Reported According to the Christian Science Monitor on 11 Mar 2004, the U.S. military intelligence community is "frustrated in its attempts to obtain information on North Korea - including access to defectors - from the South's National Intelligence Service." Kim Dae-jung's Sunshine Policy caused the present difficulties by gagging defectors from making embarrassing comments on the North. Supposedly, "defectors have had to keep a low-profile in South Korea, partly due to the protectiveness of South Korean officials concerned with offending the North and giving ammunition to US hawks."

While the US has high-tech abilities through satellites to monitor North Korea, South Korea has strength in human intelligence gleaned from defectors. The problem is the Koreans are reluctant to share the information extracted or don't provide everything. Ready access to defectors gives South Korean analysts a better sense of the validity of what they are told and the ROK is reluctant to share its intelligence. Fast, complete access to defectors is vital to the U.S. intelligence community in light of how little the CIA knows about the extent of Pyongyang's nuclear programs, but the access is being denied. The ROK relies almost exclusively on US intelligence information from satellite monitoring, but its intelligence in not reciprocal.

The case of Mr. Hwang, who was a North Korean party secretary before defecting seven years ago is at the heart of the current problems. Hwang and a top aide who defected with him arrived in Seoul from Beijing, where they had sought refuge in the South Korean Embassy, several months before Kim Dae Jung's election in December 1997. Although the government was conservative until Kim's inauguration in February 1998, CIA officials had to wait several months before getting to see Hwang, and they never had the steady access they would have liked. Then, when a North Korean officer in charge of a missile unit and a former senior official at North Korea's Nuclear Research Institute came to South Korea in 2003, the ROK hid them in a rural area.

When a North Korean defector three years ago told that the North had been pursuing a centrifuge enrichment program needed to process highly enriched uranium for the core of nuclear warheads, the information was far from complete. The location of the production plant and related facilities were apparently not identified.

Behind an appearance of cooperation with the US in negotiations, South Korean officials have repeatedly expressed concern about the danger of the "hard-line" US response. They question whether the uranium program has gone far and warn there's no way, short of war, of uncovering all the sites, a number which are hidden in caves scattered throughout the North. As a result, information may be harder to come by than ever.

Actually the trust between the countries hasn't been great in recent years. A few years back the ROK military attache received secrets from a Korean -- a naturalized U.S. citizen -- in the Pentagon. So much for trust amongst allies. (SITE NOTE: This was Robert Kim, a Korean-American who was sentenced to 7 years in prison for espionage. He passed classified information on the 1996 Submarine incursion in Korea to the ROK Military Attache. Kim was released in 2004.)

Soldiers Offered Bonus for Extension On 14 Mar, the USFK decided to give a bonus to soldiers in South Korea who extend their tours beyond the mandatory period. According to a revised regulation, soldiers stationed in Korea will get a special surplus allowance of US$300 every month if they stay for an additional year after completing their initial one year of compulsory service in the country. This is the same type of bonus was offered in 2003 to make up for the shortages faced due to manning demands for Iraq. This action is rather ironic as the DoD is at the same time seeking to curtail Consecutive Overseas Tours (COT) to limit military personnel from spending too much time in Japan/Korea. People with too many overseas tours in one location are being rotated stateside.

The following is the story from Stars and Stripes on 15 Mar 2004:

Bonuses Offered To Troops In S. Korea

Associated Press
March 15, 2004

SEOUL, South Korea - The U.S. Army will offer monthly bonuses to American soldiers in South Korea for extending tours of duty, according to a statement.

The new incentive program comes as the U.S. military juggles operations in Iraq and Afghanistan requiring routine injections of troops from elsewhere.

Washington also is trying to upgrade its forces in South Korea as part of a global realignment that comes amid heightened concern over North Korea's nuclear weapons program.

Soldiers who sign on for another year of duty in the South will get an extra $300 a month, the 8th U.S. Army said in a statement released Friday. American soldiers typically serve one year in South Korea.

"We want to keep more of our extremely well-trained soldiers on the peninsula," 8th Army commander Lt. Gen. Charles Campbell said. "Retaining more of that talent in theater for a longer period of time enhances our ability to deter aggression and support peace and stability on the peninsula."

The U.S. forces in Iraq are about halfway through the biggest troop rotation in their history, pulling out 130,000 troops - some of whom have been there since the March 2003 invasion.

The U.S. military in South Korea also is being reshuffled, with plans to leave its sprawling Yongsan Base in downtown Seoul and relocate to sites further south of the capital.

The U.S. military posts about 37,000 troops in South Korea, a legacy of the 1950-53 Korean War. North Korea's 1.1 million-member military is the world's fifth largest, and U.S. military officials say about 70 percent of the communist forces are arrayed along the heavily fortified no man's land dividing the Korean Peninsula.

Airmen who volunteer to serve a 24-month unaccompanied or 36-month accompanied tour before leaving their current duty station will be offered $300 per month for the duration of the tour. Extension and in-place options will be available to individuals choosing to extend after they are in country. The extension program offers enlisted Airmen three options: $2,000 cash, 30 days of nonchargeable leave or 15 days of nonchargeable leave and a plane ticket to the nearest port of entry. The in-place program pays round-trip plane fare for Airmen and command-sponsored family members to home of record.

Airmen currently in South Korea will be granted a one-time offer to extend their current tours for assignment incentive eligibility. During the "open season," Airmen who previously signed up for the extension or in-place programs may switch to the new program and extend their original tour lengths by 12 months if they have not received benefits from the other programs. They will receive $300 per month from the date they sign the contract until the end of the extended tour.

Airmen with assignments to South Korea will be offered the incentive before they move. Upon arrival, servicing military personnel flight officials will confirm the Airman's intent and begin the incentive if the Airman elects this option.

Those who take the new incentive will not be eligible for the other programs; however, other entitlements, such as hardship duty pay, are not affected by the new incentive.

EPILOGUE: The USFK announced in June 2004 that over 7,000 soldiers had taken advantage of the offer.

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Potential Damage to ROK-US Alliance from President Roh Impeachment The following is from the 23 Mar Donga Ilbo which extracted an article from the Asian Wall Street Journal on March 23 by Danny Gittings, deputy editorial page editor, concerning the potentially damaging effect that President Roh's impeachment might have on the Korea-US Alliance.

It stated, "After a three-day stay, I found very few Koreans who expected the Constitutional Court to judge following the impeachment proceedings of the National Assembly. No one seemed to think that President Roh’s fate rested on a legal decision. These people launched into “street politics” and welcomed the possibility of President Roh’s return, which were reflected in public poll statistics and candle demonstrations on the streets.

"However, on the other side of the seemingly peaceful demonstration lies a dangerous tendency of striking a serious blow to the military alliance between Korea and the U.S. A Korean expected that the impeachment opposition movement would inevitably instigate the claim to withdraw American soldiers stationed in Korea.

"Despite past public claims of “not lowering their heads to the U.S.” and withdrawal of the American troops, ever since President Roh’s inauguration, the Korea-U.S. alliance recovered their past relationship. This is because he proved his practicality. Although with reservations, he even sent troops to Iraq.

"Nevertheless, there have gradually been changes with the disappearance of factors restricting President Roh. If the Woori Party, consisting of radicals supporting President Roh, establishes itself as the dominant party during the April 15 election and organizes a National Assembly more radical than the President, the restraining force is likely to disappear.

"Presently, public support for the U.S. troops in Korea can only become weakened with the execution of impeachment lessons by the leftist National Teachers Labor Union.

"Perceiving President Roh as having peaceful intentions with North Korea is a more fundamental issue. Pyongyang has taken advantage of this in their confrontation surrounding the nuclear development program. Considering this backdrop, a withering of the Korea-U.S. alliance will only deepen."

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APRIL 2004:

Acting President Goh Pledges U.S. Alliance Priority On 1 April the ROK's acting President Goh Kun on Thursday called for strengthening an alliance with the US as "No. 1 priority" in the country's foreign policy. Prime Minister Goh, known as "Mr. Stability," has pledged to boost the ROK's alliance with the US since he took over the government as an interim head of state following the March 12 parliamentary impeachment of President Roh Moo-hyun.

The reason is that things are progressing quickly in the relocation of forces. The housing project for relocating all of the Combined Forces Command staff has started on Osan AB property just outside the perimeter. Upon completion, the move to Osan will be complete.

On 1 April, he instructed the Foreign Ministry to engage in "omnidirectional diplomacy" to boost relations with the US in government, parliamentary, social and cultural exchanges. "The No. 1 priority in our foreign affairs and security policy is to develop the ROK-US alliance. The government needs to make more efforts to develop a comprehensive and dynamic ROK-US alliance," Goh was quoted as saying.

Goh said that Roh came to power amid "a lot of uneasiness in relations between South Korea and the US," and reminded the Foreign Ministry of the Roh government's efforts to rebuild the alliance with its most important ally. Goh gave his instructions during a regular policy briefing from the ministry. (SITE NOTE: Goh is walking on a fine line of not ursurping power from Roh and maintaining his policies while at the same time preventing any upsurge of anti-Americanism in a time when the nation requires calm and deliberate actions.)

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US on ROK Anti-American Sentiments According to the Chosun Ilbo on 1 April, the USFK commander Gen. Leon J. Laporte and US Pacific fleet commander Admiral Thomas Fargo attended a US House Armed Forces Committee session and took pains to calm nervous lawmakers who questioned the two about the steady increase in anti-Americanism in Korea and the impeachment of President Roh. Rep. Gen Laporte made it a point to state that he believed the 37,000 troops in Korea were well-trained and battle ready -- with the forces adjacent to Korea also trained and ready to assist if the North should invade.

Kurt Weldon (Rep., Pennsylvania) asked Laporte about public opinion surveys that revealed that most ROK citizens consider the US a bigger threat than the DPRK. The general replied that there are many such surveys being conducted, but if you actually talk with Korean citizens, they firmly support the US-Korea alliance. Laporte also said Koreans want US troops to remain in Korea even after some form of reconciliation has been effected with the DPRK. He said that young Koreans, who have not experienced the horrors of war and have grown up in a time of peace and prosperity, have a different point of view from older, conservative Koreans. (SITE NOTE: All the folks we have talked to -- including Korean family members -- see the reality that the USFK is needed, but they aren't big U.S. supporters. The general's words were true, but he didn't elaborate on the other side that most Koreans wish the USFK were gone even if they supported the U.S. defense in Korea.)

This is not necessarily a bad thing, he said. Rep. Ike Skelton (Dem., Missouri) cited public opinion polls that reveal that feelings of good will toward the US have fallen from 53 percent in 2002 to 46 percent last year. About this, Laporte said Korean citizens treat US military personnel with dignity and respect, the alliance under the Combines Forces Command is rock-solid, and the relationship receives much support from Korean leaders. (SITE NOTE: Laporte was doing some active spin-doctoring -- look at this site for the "rock-solid" support and how NGO activist groups "treat US military personnel with dignity and respect" in the form of anti-US protests in 2002-2003.)

According to Defense Link on 1 Apr, Gen. Leon J. LaPorte told the House Armed Services Committee March 31 in prepared testimony. Most American troops will be moved out of Seoul by the end of 2007, the general reported, and all of the U.S. 2nd Infantry Division that's currently patrolling the region north of Seoul will be moved south of Seoul by 2008. Existing military facilities at Osan Air Base and Camp Humphreys, both located south of Seoul, LaPorte noted, are being expanded and upgraded to accept the redeployed forces. The movement of troops will "transform the United States basing posture from its inefficient post-Korean War posture to a stable, less intrusive footprint," LaPorte explained, while focusing "construction investments into enduring facilities within the two hubs south of the Han River." The river runs through Seoul. The LPP agreement, he added, called for the transfer of certain U.S. military missions to the Republic of Korea over the next three years.

However, according to Gen Laporte, "these changes will not decrease readiness or deterrence" efforts on the Korean peninsula, LaPorte vowed, noting that South Korea's modern military has 680,000 active duty troops, with a reserve force of 3 million. Factors enabling the realignment of U.S. forces in Korea include South Korea's improved military force posture and U.S. forces' "state-of-the-art operational capabilities," LaPorte explained. He noted the U.S.-South Korean alliance presents "a potent, integrated team … with the military capabilities to defeat any provocation on the Korean peninsula, deterring escalation that could destabilize the region."

Some Sources on Anti-Americanism in Korea:
• Anti-Americanism in Korea: Winter 2003
• Anti-Americanism and US-ROK Military Alliance: Mid-year 2003
• AreaStudies.org: Q&A: Anti-Americanism in Korea
• Napsnet DPRK Briefing Book: Report for Congress: May 2003
• Korean Conservative View: Flawed logic of Anti-Americanism in Korea -- Korean on the Center for Free Enterprise (CFE) homepage on July 4, 2003. Churle Jung of the CFE and the author translated the article into English.
• Pro-USFK/Anti-North Korea Rally (March 2003) -- Church group attitude that anti-Americanism promoted by "North Korean spies" in the form of NGO activist groups.

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Incorrect Reporting in ROK Press on Korea's First Bullet Train Service Korea's first bullet train officially went into service after 12 years of construction due to delays caused by cost overruns, route and design changes. The main idea was technology transfer but the ROK initially caused a great deal of turmoil as they constantly renegotiated the contracts -- with a lot of international hard feelings arising over it. The launch of high-speed railway service in South Korea on April 1 reduced demand for domestic air travel by up to 50 percent on routes between Seoul and the nation's major provincial cities. The number of air travelers on routes between Seoul's Gimpo Airport and Busan and Daegu plummeted by 50 percent from the first quarter daily average of 18,976 to 9,452 on the inaugural day of the bullet train service.

Seoul Times, Woo Li (April 2004)

Amidst all this fanfare, the South Korean press opted to slip in an article to stir up the anti-American pot in recent claims that the USFK has a free ride on everything dealing with its existence in Korea. Who started the idea that USFK soldiers traveled FREE on Korean National Railways (KNR) is unknown. The Korean newspapers picked up on this and repeated the story. The Stars and Stripes in turn picked it up and printed, "YONGSAN GARRISON, South Korea — The U.S. military wants to meet with the South Korean government this week to discuss what, if any rates, might be charged for U.S. servicemembers to use the country’s new high-speed train for military business, officials said Monday. The South Korean government pays for U.S. troops’ official travel on the slower Korea National Railroad trains but no arrangements have been discussed for using the new Korea Train Express (KTX), officials said. Base transportation officials want to meet this week with South Korean government railroad officials to discuss who pays for using the new line, said Steve Oertwig, Korea Regional Office spokesman."

The stir focused around the claim that USFK troops on official duty could ride the Korean National Railways (KNR) trains FREE if on official duty which the USFK claimed was untrue. The Korean Press alleged that the USFK would enter into negotiations on the use of the KTX highspeed train by the soldiers on official duty. THIS WAS NOT TRUE. The reason this minor issue is taken seriously is that the media has started to print articles of the USFK "free ride" on everything. This is the new tact to claim the financial costs are "unfair" for stationing troops in Korea because the ROK is being held to its agreement to foot the moving costs from Yongsan to Pyongtaek. The USFK quickly reacted to because of the recent upsurge on NGO activist group erroneous claims of the U.S. getting "free land" and "free housing and buildings" at Pyongtaek in preparation for the move from Yongsan.

The USFK Website ran the following article on 1 April.

USKF CLARIFIES KTX TRAIN TICKET QUESTION

YONGSAN ARMY GARRISON, April 1, 2004 - Recent media headlines regarding the cost of KTX train tickets are incorrect and we wish to clarify the facts concerning official US military travel on KNR trains and the question of KTX travel for official business.

A Stars & Stripes reporter asked whether USFK would use the KTX for official travel and whether they would get a discount, as they do now on KNR.

A public affairs spokesman replied by saying that details about use of the KTX for official travel was not yet available, but that officials would hold meetings "to discuss use of the KTX for official travel." This is a direct quote from the original release.

Stories, however, claimed that USFK intended to ask for “free rides” on KTX. These reports are false.

Here are the facts:

• U.S. military members on official duty do not get free rides on KNR trains. The train tickets are paid for by money from the Defense Burden-Sharing program. (SITE NOTE: From a Korean perspective, this means THEY pay the cost and the soldiers ride FREE.)
• U.S. military members on official duty or on personal trips are offered a 10 percent group discount on KNR ticket rates.

USFK officials have not discussed KTX with Korean National Railroad officials, but will inquire as to their policy at some point in the future.

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New USFK Car Policy Defended The Stars and Stripes ran an article on 4 April about the recent decision to require E-5 & E-6 to have command authorization to purchase a POV. The point is that the new policy has a "grandfather clause" that gives commanders the authority to grant approval on a case-by-case basis for those E-5 & E-6 who presently have cars. The new policy will require E-5s and E-6s, currently authorized to have personal vehicles, to submit a justification memo to their unit commander if they wish to keep their cars. E-1s through E-4s have not been allowed to own vehicles. In a radio interview, USFK Command Sgt. Maj. Troy Welch defended the upcoming policy requiring E-5’s and E-6’s to get command authorization before buying or using personal vehicles. Officials went over traffic records for the past three years and identified in what ranks most violations occurred. According to Welch, because the vast majority of traffic violations — particularly alcohol-related incidents — were committed by those ranks. Welch pointed to two deadly alcohol-related crashes involving servicemembers in recent months, one in which a South Korean woman was killed and another in which an Army soldier was killed.

“If your reason for having a POV is leisure, well, you might consider a bicycle,” Welch said. “If the need is there, the commander will make a decision … It’s not a blanket wipeout, check your keys at the door.”

The May 28 issue of the Wolfpack Warrior stated the "E-6s and below are no longer allowed to keep a privately owned vehicle license unless they meet specific requirements and are supported by their commander, according to a recent policy by 7 th Air Force and USFK. According to the policy, this applies to POVs, rental cars, and any other non-government vehicle. Personnel with a GOV driving permit may continue to drive GOVs on and off base if annotated."

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Troops Extend for Bonus -- Despite Dismal Housing Conditions The Stars and Stripes on 6 Apr ran an article on the bonus to soldiers. The point was that a PCS costs $5000 average so any soldier extending saves the USFK $10,000 -- plus the added benefit of no loss in individual preparedness. To the lower ranks, an extra $300 is like getting an extra stripe -- and most of the lower rank NCOs actually enjoy the close knit comraderie of the life on the DMZ. We see humor in this as the U.S. military for the past few years has denied the extensions of individuals overseas who have spent TOO MUCH time overseas. Perhaps there's justification in Japan and other "choice" assignments, but those in Korea have been forced to leave as well. Now it has come full circle. Military logic -- go figure.

General: Despite housing conditions, many in USFK taking bonus to stay

By Jeremy Kirk, Stars and Stripes
Pacific edition, Wednesday, April 7, 2004

YONGSAN GARRISON, South Korea — Thousands of soldiers have opted to extend their tour in South Korea by one or two years since extra pay was offered, even though the command has among the worst housing conditions in the Defense Department, U.S. Forces Korea’s top commander told Congress last week. Only two and a half weeks into the new Assignment Incentive Program, 3,600 enlisted personnel and officers have chosen to take an extra $300 per month for extending their tour, Gen. Leon LaPorte told the House Appropriations Committee’s military construction subcommittee. The program, which began March 12 and runs through May 12 for soldiers already assigned to South Korea, is projected to save the Army $20 million in moving costs.

Sending 28,000 servicemembers to South Korea each year for one-year tours accounts for about 40 percent of the disruption caused by the transfer of Army personnel worldwide, LaPorte said. Extensions also save the Army money in moving costs: Each permanent-change-of-station move costs an average of $5,000, and the Army saves two PCS moves when a person extends, Army officials have said.

“Every soldier we can get to stay reduces turbulence and increases readiness,” the general said. The AIP program marks one step to improve South Korea’s image as a place to serve, LaPorte said. But 10,000 of the 38,000 servicemembers here still live in substandard housing — a figure that will decrease by a third if the command gets the budget it’s requested for fiscal 2005, LaPorte told the congressional committee. Even though barracks construction remains the command’s top priority, he told the panel, “I’d estimate 7,000 to 8,000 servicemembers would be left in substandard housing.”

President Bush’s fiscal 2005 budget asks for about $114 million for USFK construction. It includes a $46 million, 117-unit family housing tower and a 156-person dormitory at Osan Air Base; two $18 million 144-person dormitories at Kunsan Air Base and a $12 million sewer system upgrade at Camp Humphreys. In separate House Armed Services Committee testimony, though, LaPorte outlined a grim picture for the command’s current infrastructure. More than one-third of the USFK buildings are from 25 to 50 years old; a third of those are classified as temporary buildings.

“These substandard facilities pose force protection challenges because they lack sufficient … structural strength,” and often are too close to base walls and gates, “to withstand attack,” LaPorte said. But the command’s overall thrust is master construction plans for Humphreys and Osan, he said. Those areas are pegged to absorb forces from Yongsan Garrison when a firm relocation agreement is reached with the South Korean government.

The U.S. and South Korean governments are in negotiations to consolidate forces and better organize the dozens of U.S. installations spread through the country. The two sides have agreed to move forces at Yongsan in Seoul southward by 2007 but negotiations have stalled over financing the move, officials have said. LaPorte said discussions have been “candid and productive.”

“We look forward to concluding the necessary agreements promptly, providing the National Assembly ample time to consider and ratify them,” he said.

The South Korean government has purchased about 200 acres needed to expand Humphreys, LaPorte said. The purchase was financed by proceeds of a 2002 land plan in which South Korea sells land returned to it by the U.S. military, using the proceeds to fund further moves by the military. The plan is to reduce major U.S. installations from 41 to 23. The Ministry of National Defense also is working to buy land at Osan, LaPorte said. The command’s goal has been to increase the number of command-sponsored families in South Korea, U.S. officials have said. LaPorte said he intends to increase family housing in Korea “to 5,000 units across the peninsula.” Currently, the military will pay to move to South Korea only about 1 in 10 families of personnel assigned here.

The command also is working toward a “build-to-lease” program. LaPorte said congressional approval would allow USFK to add 1,500 family housing units at Camp Humphreys by having South Korean companies build the units, which then would be rented by U.S. forces.

About 4,000 servicemembers and civilians live off-post throughout South Korea because of a lack of suitable on-base housing, according to USFK. LaPorte said a coordinated construction program under the Future Years Defense Plan should correct deficiencies by 2009. Existing facilities would be maintained aggressively, he said.

USFK Rejects ROK Demand to Pay for Firing-Range Compensation Claims When this item surfaced in the beginning of the year, we stated that this would be the next tact of the ROK government -- using the NGO activist groups to apply pressure. This ploy has been used for years -- and the Seoul courts have leaned towards the NGO activist group stands. But the judgements are against the ROK -- not the U.S.

The South Korean Supreme Court, upholding a lower court ruling, ordered the Korean government in March 2004 to pay compensation of between 9.75 million won and 11.05 million won (US$9,348) to each of 14 plaintiffs living near a American forces firing range in Maehyang-ri, Gyeonggi Province. The ROK in turn tried to get the USFK to pay a share of the costs. Korean civic groups want the US government to pay 75 percent of the claims based on Article 23 of the Status of Forces Agreement (SOFA), which says, "Where the United States alone is responsible [for an injury], the amount awarded or adjudged shall be distributed in the proportion of 25 percent chargeable to the Republic of Korea and 75 percent to the United States." It has been the ROK position that the Maehyang-ri is a USFK bombing range -- which is absurd considering that the ROK provides the range land.

According to the Korean media on 8 April, the USFK "virtually refused" (words of Yonhap News) to pay compensation for damages resulting from shooting and bombing exercises on its firing ranges, citing a clause in the SOFA. The USFK says that Article 23 does not apply in this case because Article 5 of the SOFA says, "The Government of the Republic of Korea assures the use of such facilities and areas to the Government of the United States and will hold the Government of the United States as well as its agencies and employees harmless from any third party claims which may be advanced in connection with such use."

Maehyang-ri is a bombing range, and the Korean government has been assuring its use as such since the 1950s, which means that Article 5, not 23, should apply in this case. Nevertherless, according to an article in the Hankyore, the Korean government intends to "demand" that the US government pay for damage claims based on Article 23. According to the article, an official in the Korean Ministry of Justice said the following: "We have not changed our plans to demand that the US military share the reparations costs in accordance with Article 23 of the SOFA. We are preparing measures that will use all angles to get the US side to pay as much of the reparations as possible."

The following is from the Joongang Ilbo on 8 April.

USFK won't compensate villagers

The United States Forces Korea said yesterday it has no obligation to pay compensation to residents of the village of Maehyang-ri, Gyeonggi province, who suffer from the noise caused by the nearby USFK bombing range.

Fourteen villagers filed a damage suit against the Korean government in 1998. The Supreme Court last month made a final ruling that the government should pay them a total of 140 million won ($122,000). Following the court decision, the residents Tuesday launched an official claim for the compensation.

A total of 46 billion won in additional damage suits filed by 2,300 Maehyang-ri residents is currently outstanding against the Korean government. Some government officials and civic groups argue that not only the government, but also USFK, should provide compensation. They cite Article 23 of the Status of Forces Agreement, which governs U.S. forces here, which specifies the following, with regard to compensation decided by Korean courts: "Where the United States alone is responsible, the amount awarded or adjudged shall be distributed in the proportion of 25 percent chargeable to the Republic of Korea and 75 percent chargeable to the United States."

But Deborah Bertrand, a USFK public affairs official, released a statement yesterday claiming that the United States was not liable to pay compensation, as Article 5 of the SOFA states, "The Government of the Republic of Korea assures the use of such facilities and areas to the Government of the United States and will hold the Government of the United States as well as its agencies and employees harmless from any third party claims which may be advanced in connection with such use."

Hwang Yu-sil, a foreign ministry official, said yesterday that the ministry, with the Justice Ministry, will study similar cases concerning U.S. forces stationed in Japan and Germany before establishing an official position. The foreign ministry oversees USFK affairs.

The USFK side of the story appeared in the Stars and Stripes on 9 Apr:

S. Korea must pay noise damages by Tuesday

By Choe Song-won and Joseph Giordono, Stars and Stripes
Pacific edition, Friday, April 9, 2004

The South Korean government has until Tuesday to pay nearly $10,000 in lawsuit damages to each of 14 residents near a U.S. fighter training range, officials said this week.

On March 18, the South Korean Supreme Court upheld a 2001 ruling in a case brought by Maehyang-ri residents who wanted reparations for bombing and strafing runs on the nearby Koon-ni range — a small, uninhabited island accessible by land only when tides are low. The case, appealed twice by the government, was the first successful lawsuit of its kind.

Under the Supreme Court ruling, the government has seven days to pay damages once a plaintiffs’ petition is turned over to the Seoul High Prosecutors’ Office; the residents submitted their petition Tuesday.

South Korean government officials said this week they will pay the award, then seek compensation from the U.S. military through provisions of the Status of Forces Agreement.

According to the provisions, the U.S. military could pay up to 75 percent of damages that were the result of on-duty activities. The actual percentage is calculated through a complex formula, U.S. and South Korean officials have said.

The case is one of a series of similar claims working their way through South Korean courts. Another lawsuit involving more than 2,200 residents near Koon-ni range was filed in 2001 and is being adjudicated.

In January, a Seoul district court ruled the government — and not the U.S. military — was to pay eight Paju City residents some $35,000 for 1,800 acres of land that have been used as parts of Story and Oklahoma ranges in the 2nd Infantry Division area. The ruling has been appealed.

Also in late January, a Seoul judge ruled that more than 1,800 residents near Kunsan Air Base should get lump sum payments of either $936 or $1,548 for enduring noise from jet fighters over the past three years.

That suit was also brought against the South Korean government.

The plaintiffs in the case appealed the verdict, asking for a higher award. The government also appealed for dismissal of the case.

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MAY 2004

Combined Forces Deputy Chief Arrested on Embezzlement On 8 May, the deputy chief of the Korea-U.S. Combined Forces Command (CFC) in Seoul was arrested on embezzlement and bribe-taking charges. South Korean military prosecutors on Saturday requested an arrest warrant for Gen. Shin Il-soon for misappropriating 158 million won (US$136,000) of unit funds while serving as deputy chief of the CFC and chief of a South Korean division and corps over the past few years and taking 5 million won in bribes. Military prosecutors said Shin is accused of misappropriating a total of W158 million used to hold military related events on things like entertainment costs, condolence money and gifts. During the interrogation, Shin said he believed he had used the money in his broader activities as commander and not for personal reasons. Shin also reportedly said that if he has violated the law, he would take responsibility.

Born in Gwangju, Shin is a graduate of the Korea Military Academy, West Point and the U.S. Army Command and General Staff College. He was a former commander of 28th Division, commanding general of the 3rd Army, commander of military education, and the vice-chief of the general staff. Shin has worked at Yongsan Garrison since April 2003; before that, he served at Republic of Korea Army Headquarters, where officials said the embezzlement occurred.

During the trial, which began May 19 at the MND headquarters adjacent to Yongsan Garrison in Seoul, Shin reportedly admitted to using unit funds but said the money was used for military-related events. Prosecutors said it was used for personal expenses unrelated to his duties which Shin denied.

The Stars and Stripes stated on 26 May that the investigation began after anonymous tips from within South Korea's military. Several anonymous letters, signed only as “People Who Love the Armed Forces,” contained the allegations. Since then, several other current and former high-ranking South Korean military officials have been investigated for similar crimes. However, on 24 May Yonhap News stated that, "A military officer said Friday that the presidential office, Cheong Wa Dae, instructed that the investigation of the deputy commander of the Korea-U.S. Combined Forces Command (CFC) take place, which led to his arrest last week. Testifying at the trial of the four-star general Shin Il-soon, a former accounting officer of the Third Army under Shin's leadership said a couple of military investigators visited his house recently to say "We have something to investigate under the direction of Cheong Wa Dae." The former officer, identified only by the initial A, said the investigators showed him the document issued by Cheong Wa Dae.

A military court convicted Shin on charges of embezzling military funds. Under military law, the ruling and sentence must be approved or commuted by Defense Minister Cho Young-kil within 10 days. Though Shin said he would accept the decision of the court, each side will have seven days to make an appeal.

According to the MND spokesman, military prosecutors had sought a five-year prison term for Shin if convicted. He was fined 20 million won (about $17,000) and ordered to repay 107 million won ($93,000) in South Korean military funds the court said he misappropriated for personal use. However, it recognized his service. Because of the peculiarities of military law, Shin would not be automatically removed from his office because he did not recieve a sentence -- or suspended sentence. Shin could keep his title because South Korean military law says a general-grade officer is forcibly removed only if given a sentence of suspended jail time or higher. Instead, he was removed from his command but will keep his rank, officials said.

According to the MND, the ROK Cabinet selected Lt. Gen Kim Jang-soo as Shin’s replacement. The MND called Kim a “reform-minded” officer of “integrity and experience.” Kim is to be promoted to four-star when he assumes the CFC deputy commander position. He most recently served as the ROK Joint Chiefs of Staff’s chief operations director, officials said.

On 28 May, the Yonhap News published a blurp that smeared Gen Shin's reputation that he was "dishonorably discharged." It is obvious that since the Court Martial failed, they were taking the matters into their own hands. Though he was fined and ordered to repay monies, he was not given a sentence -- however, the Yonhap stated he was "convicted of embezzlement.

"CFC Deputy Chief Dishonorably Discharged from Active Duty" SEOUL, May 28 (Yonhap) -- South Korea's top officer in the Korea-U.S. joint military command was stripped of his job and discharged from active duty Friday after being convicted of embezzlement, officials said. Earlier this week, a military court fined Gen. Shin Il-soon 20 million won (US$16,980) for embezzling 140 million won of Army funds over the past few years. Shin was also ordered to return 107 million won to the military.

(SITE NOTE: Something stinks -- but we don't know what. If they are trying to embarrass the USFK by convicting one of their own officers it is senseless. If they wanted to remove him prior to the annual shakeup of generals, this was not the way to go. Other officers are still under investigation and how their fate turns out may shed some light. As of May 2004, we don't know what is going on here.)

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Soldiers Arrested On 20 May, the Korean National Police questioned a U.S. soldier on suspicions he stabbed a local citizen who tried to stop the soldier and his colleagues, who were drunk, from causing a disturbance in downtown Seoul. Along with four other U.S. soldiers and one KATUSA soldier, the private first class, identified only as Christopher, was arrested after allegedly stabbing the Korean in the neck with a knife on a downtown street on 15 May.

Supposedly the GIs were angered by their treatment and though escorted by MPs, "flipped the bird" repeatedly at the TV cameras that were taking their pictures. The accused soldier protested his innocence showing his hands to the cameras stating there was no blood on them or bruises. (See Seoul Seeks Indictment for Attempted Murder (14 Jun) for continuation of story.)

A soldier (C) from the United States Forces Korea (USFK) is detained and searched by angry South Korean people in Seoul after he hurt a South Korean man's neck with a military knife early May 15, 2004. Dozens of South Koreans caught and handed over six USFK soldiers to police after an incident in which several Koreans were injured. Picture taken May 15, 2004. REUTERS/Mandatory Credit/Bae Sang-bum

In an unrelated incident on 15 May, a U.S. soldier was arrested for allegedly stealing two purses containing approximately $1000 from a Noribang (Song room).

On 3 June it was reported that Pyongtaek police arrested a U.S. servicemember accused of stealing a large truck, driving it for a few minutes, then crashing it into another vehicle. According to police, the servicemember broke into the parking lot of a car-parts manufacturing company around 1 a.m. on Memorial Day and drove off in a 4.5 ton truck from the lot. Authorities said alcohol was involved, although they did not say whether blood alcohol tests had been conducted. The servicemember was turned over to U.S. military police and an investigation is ongoing, South Korean police said. Local authorities indicated they expected to question him later this week on charges of auto theft and damaging property.

In another incident, one U.S. soldier and two civilians were arrested after being accused of assaulting a taxi driver in Tongduchon. The trio refused to pay a $6 fare when the driver brought them to their destination. When the driver began to drive the three back to where he picked them up at a red light, they punched him and fled.

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Korean Modern Literature and USFK The Chosun Ilbo had an interesting article on 25 May 2004 in its culture section. When talking about USFK Camptowns, we should also be aware of the other aspects of these GI playgrounds -- the illegitimate children who have to live in the shadow world of Korea. They attend Korean elementary and middle schools, but many drop out of highschool. Shunned by Korean society, they end up in the nether world of the Camptowns or Itaewon. Interviews with these Amerasian children of servicemen, reveal that they think of themselves as Korean, but they also realize that they can never gain acceptance nor the entry into the "polite" circles of Korean society. It is a tragic situation. Their deepest wish is to be accepted but in a homogeneous society like Korea, this will never be possible. For the half-black kids, their life is filled with ridicule as they cannot hide their features. Born into camptowns, they remain in these areas as this is the only place where they can live with some sort of dignity. Some of the lucky ones have emigrated to America, but even there the full-blooded Koreans shun them. Their lives are a horrifically tragic story.

U.S. Troops Not Always a Welcome Presence in Korean Literature

That a foreign army should be treated unkindly when it appears in novels and poetry is something that isn't exactly news even to those in nationalist literary circles. This situation was much the same as anywhere in the world in the 20th century. Putting aside the way in which the Soviet Red Army was depicted in North Korean literature, the multi-faceted way in which U.S. troops are seen here in the South -- as an allied army, a foreign army stationed on Korean soil and an army of occupation -- has been a very important literary subject.

"Address Unknown," directed by Kim Ki-duk, depicts the wounded life of a half-black, half-Korean man who lives in a quiet village across from a U.S. military base in the 1970s.

Firstly, USFK itself is often depicted as an "Axis of Evil," but it has also been depicted as providing for the people who lived outside the bases and the "foreigners' whores" (Korean: yang-gongju) a place to carry on their rough, daily lives.

There were many works written after the war that depicted the dark atmosphere of the 1950s and 1960s in which children who should have been going to elementary school instead were working as U.S. military houseboys and pimps. Yet more works, despite featuring stories that take place is or around U.S. bases, stressed the social corruption that they claim forced us into such a situation.

The publishing of Nam Jeong-hyeon's short story "Bedpan" (Korean: Bunji) in 1965 led to a two-year legal mess. Nam was widely criticized for his story in which the main character's mother is raped by a U.S. soldier and dies and his little sister suffers abuse as the concubine of another U.S. soldier.

The "base town" (Korean: gijichon) is the most common topic of discussion in novels that deal with USFK. Representative works of this line are Cheon Seung-se's "Cry of the Yellow Dog" (Korean: Hwangu-eui Bimyeong) and Gang Seok-gyeong's "Night and the Cradle" (Bam gwa Yoram). In "Cry of the Yellow Dog," the protagonist goes to Paju in search of a U.S. military prostitute who ran off with his wife's money.

There have been instances when writers have aimed their arrows directly at the U.S. military. Shin Sang-ung's novel "Diary of Fury" (Korean: Bunno-ui Ilgi) and Jo Jeong-nae's short story "Tiger Major," feature Koreans soldiers taking resolute actions to secure equality with U.S. soldiers.

Kim Myeong-in's poetry collection entitled, "Dongducheon," the city of Dongducheon itself is described as an injury inflicted upon the Korean people. In that place where the U.S. military, which intervened in a tragic war between members of the same people, still remains, one could find the sad fates of those women who had to sell themselves to the soldiers and the mixed-race children who were born of their relationships.

Meanwhile, the base town is an unavoidable chapter in our modern history that helped to define our daily lives. Pak Wan-seo's novel "Leafless Tree" (Korean: Namok) features a protagonist who works in a U.S. 8th Army PX in Myeong-dong, Seoul during the Korean War. Oh Jeong-hui's "Chinese Street" (Korean: Jungguk-in Geori) paints a typical picture of the post-war era, filled with pleasant childhood memories of the base towns and U.S. camps.

With the publishing last year of Choe Ik-seok's novel, "The Spy From a Strange Country"(Korean: Isang-han Nara-eseo On Suipai) the stage moved to Itaewon and Haebangchon. The protagonist, who escaped from an orphanage, finds work in an U.S. military nightclub in Itaewon. There he comes into contact with a much more vile world as he gets mixed up with black marketing PX goods, adultery, marijuana and group sex. His girlfriend from the orphanage, whom he meets in Itaewon, was a plaything in an occupation army service club.

Literary critic Hwang Gwang-su said, "USFK was dealt with much in novels in the 1950s and 1960s, but since then it has been dealt with less and less... In order to break through the literary limits set after the 1990s in which everything is too personal, there is a need to actively make this issue food for literary thought."

(Choi Hong-ryeol, hrchoi@chosun.com )

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JUNE 2004

Robert Kim -- Korean patriot or American traitor? An editorial in the Joonang Ilbo, "Shame on Korea's Record" (2 Jun 2004) remarked that Robert Kim was released to house arrest after having served seven years in prison in the United States on espionage charges after being convicted of passing classified U.S. defense information on a North Korean submarine that had infiltrated South Korean waters in 1996. (See Spy, espionage and infiltration: Methods of Infiltration Change for details of sub incident.) Kim was under house arrest until his prison term ended on July 27.

What was irksome about the editioral was: "The price that he paid for loving his country was huge, yet the country of his love did nothing for him. The moment Robert Kim was arrested by the Federal Bureau of Investigation, the Korean government turned its back and pretended that he didn't exist. As the court battle went on and the money that his family had raised by selling their house was exhausted, Robert Kim studied the law by himself in an attempt to reduce his sentence. His wife barely made a living by working at churches run by Korean-Americans. Yet, our government did nothing."

"If that is so, was it just a one-sided love affair of Robert Kim, who said that despite going to prison, he did not regret what he had done? His case is very different from that of an American Jew who passed more than 1,000 classified documents to Israel and received a life sentence in prison. The Israeli government is still trying hard to have him released from prison. If a country turns its back on someone who has sacrificed himself for his country, that country has already failed in its sacred duty. No wonder Mr. Kim described himself as a person his fatherland abandoned. The press that failed to support him continuously should be ashamed as well."

From an American perspective, if Kim had so much love for his "fatherland," why did he freely CHOSE to become an American citizen and take a job that required a sworn allegiance to his adopted nation. Does it mean that Robert Kim was a liar from the beginning only out to use America until he had a chance to do his duty for his "fatherland"? He plea bargained his offense down -- but the fact remains that what he did would be construed as being a traitor.

This editorial is an affront to every Korean-American. If one follows the ideas of this editorial, Korean-Americans have ultimate loyalty to Korea and are only using America to make a living. As such, every naturalized Korean-American in a sensitive position in America should be removed from that job because their loyalties are all suspect. This idea would take things back to the pre-WWII days with the Japanese-Americans being treated as second-class citizens until the Japanese-Americans of the 100th Battalion and 442d Combat Team proved their loyalty in blood. WE OBJECT TO THIS RACIST ATTITUDE!!!

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Airmen Offered Bonus for Extension In June 2004, the Air Force extended the same deal to Airmen in Korea. Air Force News stated "Airmen who volunteer to extend their tours of duty in South Korea may be eligible for an extra $300 per month. (SEE Soldiers Offered Bonus for Extension for details of both the USFK Army bonus as well as Air Force offer.)

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ROK Expedited Small Claims Compensation against USFK Soldiers The ROK and USFK agreed on 11 Jun to expedite small-damage compensation for South Korean victims in cases involving on-duty U.S. soldiers. Under the agreement, small claims worth less than 4 million won (US$3,432) will be paid within a month after application in advance of damage assessment, officials at South Korea's Foreign Ministry said.

USFK, S. Korea rework SOFA's claims process

By Joseph Giordono, Stars and Stripes
Pacific edition, Sunday, June 13, 2004

YONGSAN GARRISON, South Korea - U.S. Forces Korea and the South Korean government have reached new agreements on processing noise complaints and minor claims resulting from on-duty military maneuvers, officials said Friday.

The announcements came after a day of meetings between the Status of Forces Agreement Joint Committee, a body that has met 183 times to fine-tune the treaty under which U.S. forces are governed overseas. According to a USFK press release, the meetings were co-chaired by USFK deputy commander Lt. Gen. Garry R. Trexler and Kim Sook, director general of the Ministry of Foreign Affairs and Trade’s North American Affairs Bureau. (SITE NOTE: We find it significant that Kim Sook, chaired the ROK side (as well as his involvement in the FOTA meetings) which is normally from the Ministry of National Defense. This means that the SOFA has moved into the political arena.)

The first agreement signed Friday established a Noise Complaints and Damage Claims Prevention Joint Working Group. In recent months, at least two citizens groups have won lawsuits in South Korea courts claiming noise damage from jet missions.

So far, all of the damages have been awarded against the South Korean government.

The second agreement Friday streamlined the paying of minor claims for damage caused during official duty of U.S. troops. According to the USFK release, a new system will speed the processing time for claims under 4,000,000 won, or around $3,500.

Officials now say those claims will now be handled within two weeks.

Both South Korean and U.S. officials also touted the meetings as part of ongoing adjustments to the SOFA, which many South Koreans have decried as unfair in the past.

Since the 2002 incident in which U.S. armored vehicle operators ran over and killed two young South Korean schoolgirls, several changes have gone into effect, officials said. The most concrete result of those changes have been more than 1,600 traffic control points established by Korean National Police during U.S. troop maneuvers and 1,200 convoy escorts.

The South Korean and U.S. militaries have also conducted 37 joint safety investigations or consultations, officials said.

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Indictment Sought for U.S. Soldier Suspected of Attempted Murder Yonhap News reported on 13 Jun that "the prosecution is seeking to apply South Korean law to a U.S. soldier who allegedly stabbed a South Korean in a drunken brawl last month, prosecutors said Sunday. The Seoul District Public Prosecutors' Office has finished an investigation of Christopher Humphrey, 21, a private first class of the U.S. 8th Army, on suspicion of attempted murder and submitted a letter to the justice ministry on Thursday asking for approval of jurisdiction over him, prosecutors involved in the case said." (See Soldiers Arrested (20 May) for details.)

Two Soldiers apprehended at scene (15 May 04)
(NOTE: Pants ripped down on one and torn knee of jeans on the other) (OhMy News)

Guardian Unlimited, "S. Korea Wants to Try Soldier for Stabbing" (13 June 2004) stated, "South Korean prosecutors are seeking jurisdiction over a U.S. soldier accused of stabbing a South Korean man in a drunken brawl last month, a news report said Sunday. The Seoul District Prosecutors' Office has asked the Justice Ministry to allow it to handle the soldier's case, said South Korea's national news agency, Yonhap. The prosecutors want to indict the soldier on charges of attempted murder, Yonhap said. Justice Ministry officials could not immediately be reached for comment Sunday. Under the agreement that governs American troops stationed in South Korea, the host nation has primary jurisdiction over U.S. soldiers accused of committing serious crimes while off duty. The soldier allegedly stabbed a 27-year-old South Korean man with a knife on May 15. The South Korean was trying to stop the drunken soldier from stomping on a taxi, according to local news reports. Local police detained the soldier and later handed him over to U.S. military authorities. The U.S. Army command in Seoul has expressed ``sincere regrets'' over the incident."

According to Yonhap News, the government decided on 16 Jun 04 to try a U.S. serviceman in a local court for allegedly stabbing a South Korean civillian in Seoul. The Ministry of Justice approved a request by the prosecution to exercise jurisdiction over John C. Humphrey, 21, who is facing charges of "attempting to murder" a 27-year-old South Korean.

According to the Associated Press "S. Korea to Try U.S. Soldier in Stabbing", (16 June 04), the "ROK decided to retain jurisdiction over a U.S. soldier accused of stabbing a ROK man in a drunken brawl last month, the Justice Ministry said. The decision clears the way for ROK prosecutors to indict Pfc. John C. Humphrey on charges of attempted murder, South Korea's Yonhap news agency reported. Humphrey, who belongs to the 17th Aviation Brigade of the U.S. Eighth Army, allegedly stabbed a 27-year-old South Korean on May 15. A Justice Ministry official confirmed that the ROK will retain jurisdiction, but provided no further details. The U.S. military has been notified of South Korea's decision, said Lt. Col. Steven Boylan, a spokesman for the U.S. Eighth Army. "We will continue to cooperate with the South Korean authorities over this issue," Boylan said. The South Korean was allegedly stabbed while trying to stop the drunken soldier from stomping on a taxi, according to local news reports. Local police detained the soldier and later handed him over to U.S. military authorities. The victim was reportedly in a stable condition."

Victim in hospital (OhMy News)

The following is from Drunken USFK Private stabbed Korean citizen in the throat (2004.05.17) allegedly written by by "sister of one innocent Korean civilian, Heung Sik Park in a deep sorrow and rage" on 17 Jun 04.

I¡¯m a sister of victim who was stabbed in the throat by US private. One fine Saturday afternoon, I received a phone call from my mother in Korea. First thing she said was ¡°Your brother is in hospital. Didn¡¯t you see the news?¡± My heart started beating with fear and worries. I searched the web and found out that my brother was injured by US private. It didn¡¯t make a sense at all when I first read it. What does he have to do with US army? My brother is just an ordinary fine young man. All he did was trying to protect another innocent Korean civilian from violence. What¡¯s returned? That brutal US soldier stabbed my brother¡¯s neck. What did this US private try to do? Did he want to imitate the decapitation of Nicholas Berg? My brother is not an Iraqi and not a target of revenge. Even though he was an Iraqi, US private doesn¡¯t have any right to harm the civilian. This is a case of murder and John is an attempted murderer. He must pay for his crime and I want to show him what fair justice is.

This is the summary of articles I have read.

........................................

On May 15, 2004, around 2:00AM, John (last name unknown), USFK (United States Forces Korea) second-class private, and his five colleagues disturbed citizens on the street in Shinchon. Those six privates were drunk and blocked the traffic by lying down on the street. They stopped a taxi and damaged the car by kicking and jumping on the hood. Jin-Mo Kong from the crowd (50-year-old male) tried to stop them, however, these uncontrollable soldiers were going more brutal and outrageous. They threw Kong to the ground and John stabbed one of the Korean citizens, Heung Sik Park (27-year-old male). One of the witnesses said that Park was asking John to calm down but John stabbed Park¡¯s neck with his army knife. John also stabbed Jang Hyun Tan, another citizen¡¯s shoulder and ran away. John was caught by the crowd and arrested by Korean police. Then he was transferred to US MP.

Park was immediately moved to the emergency room and underwent to a surgical operation. John was denying his crime and showed lack of reflection. He was even joking with his colleagues at the police station and pointed his middle finger to the news reporter.

Many Korean civil organizations are taking this case very seriously and preparing every step to protect one innocent Korean citizen¡¯s human rights. All Korean citizens still remember the tragedy that running over by USFK killed two Korean girls armored car two years ago. This case was unfairly judged and the defendants were given a verdict of ¡°not guilty¡±. The family of victims and many Korean civil organizations are still fighting for justice and insisting fair investigation. Korean citizens want USFK to turn over John¡¯s case to Korean Judicial Authorities and demand the fair justice. They also demand the reformation of unfair SOFA agreement between US and Korea.

........................................

I¡¯m going to fly to Korea and I will do anything to protect my brother¡¯s right. This story was not reported to any of US news. Please cover this story in your news. If you visit the websites I listed below, you will see the pictures of victim and phone number / e-mail address of reporters. The site is written in Korean.

http://news.media.daum.net/society/affair/200405/16/ohmynews/v6652516.html http://www.spark946.org/bugsboard/index.php?BBS=s_news&action=viewForm&uid=411

On 23 July, the Chosun Ilbo reported that "the Seoul Central District Court issued a warrant for Christopher Humphrey, a private first class belonging to an air brigade of the U.S. 8th Army, on charges of attempted murder. Humphrey caused a drunken disturbance in May and stabbed a person known as Park with a deadly weapon. When a warrant is issued after an investigation, prosecutors will ask the U.S. Army to hand him over to Korean authorities. The private is known to be on a USFK base at the moment. This issue of a warrant is according to the Status Forces Agreement (SOFA) that gives Korea primary jurisdiction in cases involving USFK personnel when they are not on duty. In addition, the SOFA stipulates that in cases (like this one) involving 12 major crimes like murder and rape, prosecutors can request the suspect be turned over as soon as their is an indictment."

Humphrey surrendered himself to ROK authorities in July and trial was pending in August. The outcries for SOFA changes normally expected in such an event have been muted due to the USFK reduction/relocation actions. President Bush's comments that the U.S. would stay as long as they are wanted hangs over the situation. Numerous questions remain as Humphery claims that he "found" the knife on a trash heap while he was being assaulted. The knife is claimed to be a "military knife" but is supposedly was "rusty." The size of the knife is not consistent with something a person would take with him while downtown drinking.

Other items cloud the issue. Humphrey upon being apprehended by police repeatedly showed his hands to the reporters stating that if did the slashing, how come there was no blood on his hands. The other GIs though were rebellious upon being taken to the police station and supposedly dropped their pants to the reporters. There are too many unsubstantiated stories to make sense of the incident.

However, from the preliminary stories, it appears the GIs started the ruckus. It appears that the GIs wanted to head back to camp, but no taxis would stop for them. One taxi stopped and then sped away. Supposedly at night the taxis don't like to pick up GIs at night because GIs demand they use the meter, while the taxis at night prefer a "negotiated" fee. In frustration, the GIs supposedly blocked a cab, kicked the cab and climbed on the hood -- and then things escalated quickly. An argument broke out between one of the group and a Korean bystander. It was soon joined by others and the situation got out of hand. Soon the GIs were being chased down, their clothes ripped off, and "apprehended" by a group of "concerned citizens."

There are a lot of questions that things do NOT seem right. It is especially curious that the group contained a KATUSA who should have been able to explain (or at least try to) the situation. There has been NO word of the KATUSA's statement of the affair. There has been no word of the other GIs statements. There are too many facts that are simply not known at this time and will have to come out in the trial. One that is in the forefront is "Where did Humphreys get the knife?" Humphreys claimed he found it on the ground during the scuffle, but this sounds suspicious. If he carried the knife on his person, he was dead meat. During the pretrial he claimed self-defense.

Besides some small protests over the SOFA, there has been very little public outrage over this incident. The reason is that the USFK troop relocation/reduction talks are on-going and the ROK populace are suddenly very concerned that their "America go home" cries may be bearing fruit.

There was scanty information from the trial. In two days of testimony earlier this month, prosecutors questioned two U.S. soldiers and a South Korean soldier attached to a U.S. Army unit. According to prosecution witnesses, Humphreys and a group of other soldiers were drinking and causing a disturbance in a Seoul neighborhood when the South Korean man tried to calm the group.

Humphreys, 21, was arrested by South Korean police and turned over to his unit during the investigation. Last month, Humphreys became only the second U.S. soldier handed over to South Korean officials for pre-trial confinement. Under 2001 revisions of the U.S.-South Korean status of forces agreement, U.S. soldiers now can be held before a trial if charged with any of a dozen serious crimes, including attempted murder.

The other soldiers and Katusa and two South Korean civilians who witnessed the incident were called to testify, but no charges were filed against them. On 17 Sep it was announced a Seoul court with three judges sentenced PFC John C. Humphrey from Austin, Texas to 30 months in prison for stabbing a South Korean man during a street brawl. Humphreys will appeal. Humphreys was convicted after a trial before a three-judge panel. Prosecutors say he stabbed a 27-year-old South Korean man who was trying to intervene in a drunken disturbance early on the morning of May 15. Humphreys pleaded self-defense.

On 23 Nov, the Seoul High Court of Appeals upheld the 30-month sentence given to PFC John Christopher Humphreys for "attempted murder" after became involved in a quarrel in the street in the Sinchon area of Seoul on May 15. "The accused claimed he used the knife in self-defense and stabbed the victim accidentally, without intent to murder," the court ruling said. "Looking at the circumstances, however, and considering the victim received deep throat wounds, the accused is deemed to have had the intention to commit murder," the court said.

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