Korea, U.S. may alter suspect custody rules

Two sides to discuss possible change to regulations for American soldiers


The Korea-U.S. SOFA Joint Committee will meet on Nov. 23 to discuss issues regarding custody of U.S. military personnel suspected of committing crimes in Korea.

The SOFA, or status of forces agreement, outlines the conditions applied to U.S. military personnel stationed in Korea and their dependents. The agreement includes details regarding their treatment when involved in criminal cases.

The development comes as a spike in crimes committed by U.S. soldiers stationed here has rekindled concerns over Korea’s limited control when investigating crimes committed by such persons.

Earlier this week, a U.S. soldier was arrested for arson, while last month a soldier was sentenced to 10 years imprisonment and another arrested for rape in two separate incidents.

According to reports, officials from the two sides, including Deputy Commander of U.S. Forces Korea Jeffrey Remington, will meet to discuss changes to the SOFA that will ease conditions under which Korean authorities can request custody of suspects.

The two countries are said to be considering reflecting the changes regarding the U.S.-Japan SOFA made following a rape case in Okinawa in 1995.

However, rather than revising the agreement, Korea and the U.S. are said to be looking to add an agreed recommendation that suggests the U.S. military view requests for transfer of custody “favorably.”

Although details about the meeting were not confirmed, Foreign Ministry spokesperson Cho Byung-jae said that “plans for strengthening early investigative powers of our authorities” and the USFK’s crime prevention measures will be discussed.

In 1995, two U.S. marines and a navy seaman abducted and raped a 12-year old Japanese girl.

The case caused widespread outrage in Japan, as a result of which the U.S. agreed to consider transferring custody of U.S. citizens suspected of a crime to the Japanese authorities if the offense was sufficiently severe before the accused were indicted.

Under the Korea-U.S. SOFA, Korean authorities are able to request transfer of custody of a suspect from the U.S. military under 12 specific circumstances. Korean authorities are able to hold suspects in custody if arrested at the scene.

Such cases include murder, rape, trafficking and manufacturing illegal drugs, arson, kidnapping for ransom, and attempting to commit such acts.

However, Article 25 of the SOFA between Korea and the U.S. states that the U.S. military will transfer the custody of a soldier suspected of a crime who is under its custody at the time of indictment or after, for crimes that are specified in the agreement.

By Choi He-suk  (cheesuk@heraldcorp.com)