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A review on compensation responsibility on illegalities of U.S Armed Forces based on Facilities and Areas and the Status of U.S Armed Forces in Korea

  • Public Land Law Review
  • Abbr : KPLLR
  • 2014, 65(), pp.233-254
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1 Yang Cheol-Ho 1

1청주대학교

Accredited

ABSTRACT

It goes on increasing in heinous crimes such like sexual crimes, robberies and murders committed by American army soldiers in Korea. In addition, they keep bring about negative problems such like outrageous behaviors in drunken and arrest of korean by U.S. military police. SOFA offenses from 2003 to 2012 account to 4,214, have been showing a rise since 1991 in which the article of criminal jurisdiction abandonment was removed in the second SOFA reform. The reason why the crimes committed by U.S. soldiers in Korea increase results from constructive problems of SOFA Agreement between Korea and U.S. That is one of the reasons that make difficult Korea to cope properly with illegalities of American army soldiers. Two korean girls, Hyo-soon and Mi-sun, for example, were killed by American tank in 2002. Although that was obviously illegal, korean government, not U.S., had a liability for damage compensation. It could be regarded as one of the most serious problems in administrative law of SOFA Agreement. SOFA Agreement stipulates that the two nations should divide their responsibilities related with damage compensations that took place during public duties. In spit of that, Korean government, not the U.S., compensated for private behaviors of American militaries done after public work. In this case, it is reasonable that the U.S. should have a responsibility for those. It is against the administration principles of self-responsibility and equity. Thus, the study analyses problems in damage compensation for Korea and U.S. SOFA Agreement and suggested ideas to solve those problems.

Citation status

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