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A review on claims 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
  • 2015, 69(), pp.185-205
  • Publisher : Korean Public Land Law Association
  • Research Area : Social Science > Law

WON JUNG KIM 1 Yang Cheol-Ho 1

1청주대학교

Accredited

ABSTRACT

Korea and the United States are ally nations by Mutual Defense Treaty and keep their securities through cooperation in mutual defense. Korea and the U.S SOFA Agreement stipulates Korea to have a responsibility for damage compensation in order to consolidate Mutual Defense Treaty of Korea and the U.S. and to make military-related affairs, such like American military training, go smoothly. Damage compensation by Korea and U.S SOFA Agreement is kind of international law in character because it is regulated by Mutual Defense Treaty between Korea and the U.S. The article 23 of Korea and the U.S SOFA Agreement stipulates the right of claim for damage compensation, but it includes some problems that infringe equality and mutualism when being seen in International Law. For the claim, especially, resonable damage reliefs are excluded because Korean government, though it has no any accountability, should hold responsible for American constituent members and employers. Even it regulates that an arbitrator has the right of decision for the responsibility. Furthermore, When Korean government claims unlawful acts done by American soldiers and employers, Korea and U.S SOFA Agreement regulates Korean government to calculate the amount of damage compensation, make its report and inform it to the U.S. That is against the equality among nations. Thus, the problem the claim right for compensation has should be handled with so that Korea and the U.S SOFA Agreement could be suitable to the principles of mutualism and equality among nations. This study suggests improved alternatives in accordance with the fundamental ideas of Administration Law and International Law that focus on claims, the category of behaviors and meditators.

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