Amend Unequal Treaty to End Crimes Committed by U.S. Servicemen

In 1995, U.S. Marines stationed in Okinawa, Japan, sexually assaulted a local middle school girl. Okinawa immediately raged into a fury and the Japanese press boiled over the news. Even the president of the U.S. issued an apology; however, the public turned completely against the presence of the American base. Currently, the assault case is one of the causes for conflict over the relocation of Marine Corps Air Station Futenma. Violent crimes committed by members of the American military continue in our land [South Korea] as well. However, our law enforcement can’t even punish those in the United States Forces Korea who commit crimes, let alone investigate them.

An American serviceman’s sexual assault against a teenage girl in Dongducheon on Sept. 24 reconfirmed such an unfair reality. The police confirmed the crime and the serviceman as the culprit; however, the serviceman asked for a voluntary summons through the U.S. military. Upon the summons, he was able to return to his base despite the fact that he admitted his wrongdoing, and the police recommended an acquittal while transferring the case to the prosecutor’s office. If he were a Korean national, he would have been immediately arrested and jailed.

A criminal who is a member of the United States Forces Korea cannot be arrested and jailed by our police unless the criminal is caught in the act of committing a crime. A serviceman who committed a violent crime may be arrested; however, the U.S. must consent to the arrest. The United States Forces Korea, however, does not have to cooperate. For the United States Forces Korea, it is only a matter of “thorough investigation.” Also, if the United States Forces Korea actually takes a suspect into custody, we must consider the situation “favorably.” This has been set by the Status of Forces Agreement under Article 22, which was amended in 2001. Police authorities responsible for the recent sexual assault case recommended that the prosecutor’s office drop the case because of this reality. The police realized that the suspect would not be arrested no matter how hard they tried.

Similar incidents, which include a heinous sexual assault against a woman in her 60s, are pardoned because of this ridiculous agreement. The United States Forces Korea was reduced from 38,000 servicemen to 26,000 in 2009. However, crimes increased to 316 cases involving 380 people in 2010, from 298 cases involving 324 people in 2004. Considering the reduction, there has been a 75 percent increase in crimes.

The U.S. quickly set out to extinguish the situation. But of course, this chronic problem cannot be solved through their “regret,” “apologies” and promises of “cooperation.” Countless precedents prove so. If we want to actually take action against these crimes, we must amend the agreement.