SOFA panel discusses custody rules

May recommend Korean custody of U.S. troops for minor crimes


Korean and U.S. delegates held a joint committee meeting in Seoul on Wednesday discussing the U.S. military’s governing protocols over its personnel here, amid public cries for reforms after crimes by U.S. soldiers.

The Korea-U.S. Joint Committee, including USFK Deputy Commander Jeffrey Remington and Foreign Ministry officials, discussed the Status of Forces Agreement which governs some 28,000 troops stationed here.

The meeting’s top issue was the custody of U.S. military personnel suspected of committing crimes here. This recently received media attention after a number of crimes this year by U.S. soldiers including the rape of a teenage girl and the alleged rape of another. 

According to reports, rather than renegotiating the SOFA, last revised in 2001, the committee is considering an agreed recommendation, after increased public pressure that Korea gain custody of U.S. soldiers before they are prosecuted.

“It is difficult to predict the outcome of the decision at the moment,” said a senior ministry official, whose name was withheld from the media.

“Discussions and reviews must be held regarding the U.S.’s position heard today and SOFAs between the U.S. and other countries.”

According to an official statement by the ministry, the USFK expressed concern and worry regarding the number of crimes committed by U.S. soldiers.

The statement added that the ministry passed on the concerns of the National Assembly and civic groups about the need for revision on jurisdiction issues, with which the U.S. agreed.

However, according to the statement, the U.S. believes the current SOFA guidelines are sufficient regarding the issue of transferring custody of U.S. soldiers before indictment.

It is seen that the two countries are moving toward changes that took place in the U.S.-Japan SOFA following the rape of a 12-year-old Japanese girl by three U.S. military personnel in 1995.

Public outrage in Japan led to a change in the SOFA to allow the transfer of custody of U.S. military personnel suspected of crimes, before indictment, to Japanese authorities, should the offense be sufficiently severe.

Under the Korea-U.S. SOFA, Korean authorities are able to request a transfer of custody of a suspect from the U.S. military in 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 and kidnapping for ransom, as well as 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 in its custody at the time of indictment or after, for the crimes that are specified in the agreement.

By Robert Lee (robert@heraldcorp.com)