Wednesday, March 28, 2001

By Jeremy Kirk, Seoul bureau chief

SEOUL — South Korean prosecutors recommended a $3,800 fine against a U.S. Army civilian who ordered the dumping of formaldehyde down a sink drain at Yongsan Garrison’s morgue, a court official said Monday.

Albert L. MacFarland, a supervisor at the morgue, was not at the court hearing Friday, the official said.

A judge must approve the recommendation, and a review date hasn’t been scheduled, the official said.

MacFarland allegedly ordered two employees at the morgue to drain 192 bottles containing 16 ounces each of formaldehyde down the drain Feb. 9, 2000. One of the employees later complained to a civilian supervisor who took no action, according to U.S. Forces Korea.

The U.S. employee eventually contacted Green Korea United, a local environmental group, which brought the incident to public attention last July.

The incident sparked numerous protests from South Koreans, who said the chemical — used to embalm bodies — eventually polluted the Han River, the main source of drinking water for Seoul’s 10 million citizens.

Last September, Maj. Gen. Barry Bates, who headed a six-week investigation into the dumping, said two civilians would be punished. Their names have not been released by USFK.

USFK spokesman Stephen M. Oertwig said Monday that the punishment for the two civilians has been decided but can’t be released because of the U.S. Privacy Act. MacFarland still is working for the Army, an official at Mortuary Affairs said.

The Privacy Act of 1974 prohibits the public release of many types of information about government employees, including administrative personnel actions, Oertwig said.

Lee Yu-jin, an official with Green Korea United, said the group is planning to protest the prosecutor’s recommendation.

"We think it’s ridiculous," Lee said. "We think it should be a criminal trial. Even though he didn’t kill anybody, it could have hurt people’s health."

USFK said its investigation showed the chemical was significantly diluted with other waste water and posed no health threat. By the time the chemical reached the river, its concentration was less than limits set by the U.S. Environmental Protection Agency.

Formaldehyde in high concentrations has been shown to cause cancer in animals, according to the EPA’s Web site.

South Korean civil groups demanded stronger environmental controls from USFK. As a result, Lt. Gen Daniel J. Petrosky, former 8th Army commander, issued a written apology to the Korean people over the incident, and former Ambassador Stephen Bosworth said he regretted the incident.

USFK revised the way it handles formaldehyde while pledging greater environmental responsibility. Since the incident, USFK also has developed a public relations campaign to show it respects the environment.

A civil lawsuit filed by Green Korea United remains outstanding against MacFarland. The lawsuit, filed in July, seeks to "investigate and punish" MacFarland for the dumping.

The lawsuit alleges that despite an employee’s protests, MacFarland forced the employee to dump the embalming fluid. The lawsuit also claims that the employee later became ill as a result and took three weeks of medical leave.

No court date has been set, a court official said Monday.

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