Civilian trial sought by South Koreans in teens' deaths

Stars and Stripes Pacific edition ^ | August 10, 2002 | Jim Lea

[robowombat]

Civilian trial sought by South Koreans in teens' deaths

By Jim Lea , Stars and Stripes Pacific edition, Saturday, August 10, 2002

South Korean political parties demanded Thursday that U.S. Forces Korea reverse its decision to retain jurisdiction over two 2nd Infantry Division soldiers charged in the June 13 deaths of two 13-year-old Korean girls. The parties want USFK to give South Korean authorities jurisdiction over Sgt. Mark Walker, driver of the 57-ton armored, tracked vehicle that struck the girls, and Sgt. Fernando Nino, the vehicle’s commander. The men have been charged by the military with negligent homicide. The two girls — Shim Mi-son and Shin Hyo-sun — were killed as they walked along Highway 56 in Hyochon Village about 15 miles north of Seoul.

USFK announced Wednesday it would not waive jurisdiction in the case as requested by the Korean Justice Ministry because the accident occurred while the soldiers were on duty. If tried and convicted in a South Korean court, Walker and Nino could receive up to five years in prison. They could be sentenced to six years if convicted by a military court-martial.

The status of forces agreement that governs the presence of the more than 37,000 U.S. servicemembers in the country gives primary jurisdiction in such cases to the U.S. military. The command said in its announcement that no waiver of jurisdiction in such cases ever has been granted since the SOFA went into effect decades ago. “The U.S. command should reverse its decision in order to maintain good relations between our two countries,” the major opposition Grand National Party said. Grand National Party officials cited a 1957 case where the United States waived jurisdiction after a U.S. soldier shot a Japanese woman while on duty in Japan. USFK said that case occurred before the U.S.-Japan SOFA went into effect, and the incident was intentional, not an accident as in the current case in South Korea. The ruling Millennium Democratic Party also argued jurisdiction in the case should be given to local authorities in order to maintain good relations between South Korea and the United States.

Stars and Stripes has been unable to contact prosecutors who have been dealing with the case for comment. A Justice Ministry official said after the decision was announced that it must be accepted and “all that can be done now is monitor the case to see if the results of our investigation are considered.” Lt. Gen. Daniel Zanini, USFK chief of staff and 8th Army commander, noted in announcing the command’s decision that the results of investigations conducted by the command and the Uijongbu prosecutor’s office “are basically consistent.”

Immediately after the decision was announced Wednesday, South Korean civic groups gathered at the U.S. Embassy and a park in downtown Seoul to protest it. They were the latest of numerous protests, some of them violent, held since the accident occurred. — Bae Gi-chul contributed to this report. http://www.stripes.osd.mil/article.asp?section=104&article=9886

[robowombat]

"Immediately after the decision was announced Wednesday, South Korean civic groups gathered at the U.S. Embassy and a park in downtown Seoul to protest it. " Civic groups, thats an interesting way to describe them.

[Eric in the Ozarks]

It has been this way since '45.