USFK rejects S. Korea summons for civilian in chemical dumping case
By Staff and wire reports
SEOUL — The U.S. military on Wednesday rejected a South Korean
court order for one of its American civilian employees to stand trial on charges of
dumping toxic chemicals into a river.
A bailiff from the Seoul District Court visited the military
headquarters in central Seoul to deliver the court summons for Albert McFarland, a
58-year-old civilian employee of the U.S. command.
The U.S. military refused to accept the summons, saying the Status of
Forces Agreement between Washington and Seoul allows the U.S. side to have jurisdiction
over the McFarland case. SOFA governs the legal status of the 37,000 U.S. troops stationed
in South Korea.
“When a person violates both the U.S. and South Korean laws, and
if his act or omission occurred in his duty, SOFA says the U.S. side has the right to
exercise primary jurisdiction,” said Lee Ferguson, a U.S. military spokeswoman.
Seoul claims that SOFA allows South Korea jurisdiction over the case
because McFarland is a civilian.
Under the SOFA, the U.S. military and South Korea have concurrent
jurisdiction when a civilian or servicemember commits an act against the law of both
countries. In cases of misconduct during official duty, the U.S. has primary jurisdiction.
But USFK allowed South Korean authorities to file a summary
indictment against McFarland seeking a $3,800 fine. McFarland paid it, and USFK told the
South Korean Ministry of Justice no punitive action would be taken on the U.S. side
because McFarland was cooperating.
The fine was rejected by a Seoul judge, and the case was referred to
trial. USFK then moved to shield McFarland from a criminal trial, saying the incident
caused to actual public harm.
McFarland was accused of ordering the dumping of 24 gallons of
formaldehyde into the Han River, a main source of drinking water for 12 million people in
Seoul, early last year.
The case became known to the South Korean public after one of
McFarland’s Korean subordinates at an American military mortuary reported it to a
local environmental group.
The case triggered anti-American protests, with activists demanding
the withdrawal of U.S. troops.
The U.S. military has insisted the dumped embalming chemical posed no
threat to public health or to the environment since it was treated in a sewage system and
diluted with waste water.
Environmentalists say formaldehyde can cause cancer after long
exposure and can kill aquatic creatures when dissolved in water.
Jeremy Kirk contributed to this report.
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