Korean Job Discussion Forums

[Hater Depot]

http://www.atimes.com/atimes/Korea/FA28Dg02.html

[quote]The mortician's tale that follows is the legal nightmare of a civilian morgue employee working for the United States military here. It is a small, concrete example that illuminates the depth of resentment among South Koreans toward the continuing US military presence in this strategically important allied nation.

And it's one more piece of evidence that despite the North Korean nuclear crisis, it's time for US forces to go, executing their long-planned East Asian redeployment - elsewhere.

...

In February of 2000, civilian mortician Albert McFarland, employed by the [US Forces in Korea (USFK), ordered his staff to dispose of about 120 liters of embalming fluid down a drain in the mortuary at the US Army base at Yongsan in the center of Seoul.

...

Prompted by the current emphasis on "independent" politics - greater assertiveness and a relative distancing from the US - the South Korean Ministry of Justice pursued the mortician's case, tried McFarland in his absence, and ordered him to pay a fine of US$4,000. The fine was paid and the USFK suspended McFarland for 30 days without pay.

Still not satisfied and seemingly undaunted by the law (giving jurisdiction to the US and presumably containing protections against double trials and jeopardy), the Seoul District Court and the Ministry of Justice pressed on, concluding that McFarland and the USFK should be punished further. A retrial was ordered.

This January 9, almost four years after the original incident, McFarland was sentenced, once again in absentia, to six months in prison. The second trial and sentencing underscored what observers call South Korea's penchant for the rule by law rather than the rule of law. The handling of this case presents a serious legal challenge to the US military, dependants, contractors and others affiliated with US forces in Korea.

McFarland has filed an appeal of the South Korean decision, though the US doesn't recognize Korean jurisdiction. He remains closeted in Seoul; he isn't talking; his only contact is through his lawyer.

The agreed-upon Status of Forces Agreement puts specific protections in place so that justice in foreign countries cannot be arbitrarily or politically applied to US military personnel - but this legalistic nicety does not seem to resonate in South Korean officialdom. Similar agreements are in place in other countries, and elsewhere the US is more confident in entrusting some legal affairs to national governments, given their degree of juridical sophistication and genuine independence from governments and political pressure. South Korea hasn't made it to the club of Japan, Britain and Germany when it comes to accords of mutual trust concerning US forces. /quote]

[W.T.Carl]

What happened was the he ordered his KOREAN assistant to dispose of the stuff. THE KOREAN dumped it down the drain. Actually this is NOTHING compared to what Korean civilians dump into the Han.

[Bulsajo]

[W.T.Carl]

It was the Korean who decided to dump it down the drain instead of disposing of it properly. Go take a swim in the Han.

[Bulsajo]

You're saying the mortician didn't tell the employee how to dispose of it?
Fair enough, if that's the case- the distinction wasn't clear in your post and i wasn't aware of this detail- I now stand corrected.

Regardless of the outcome of the first trial, clearly the pertinent issue is the attempt to re-try on the case, which would be no bis in idem or double jeopardy and against the laws of many countries.
I guess Korea has no laws concerning double jeopardy?

SOFA will protect the guy, right?
Which of course is going to stir up all those people who believe that the US-ROK SOFA is some sort of tool of imperialist oppression...

[W.T.Carl]

No problem. I remember when this occured and it was a big deal even after the facts came out. It was one of those things that the Korean press jumped on.

[Bulsajo]

If anyone's answer to this is "Well, maybe the US should just unilaterally pull out of peninsula defence", I'd have to agree.
Does the Ministry of Justice work for ROK or DPRK?

[Yo!Chingo]

Since I've gotten here I've believed that the US military should get out of Korea. Koreans have forgotten the sacrifices that Americans made for them 50 years ago, and I think it's high time we let the North Koreans remind them for us.
I say get our military out, and when the North comes a knockin' we don't come back. We certainly don't need to be here; they're the ones who really need us, right?!?