USFK negotiates with S. Korea on
punishment in formaldehyde dumping
By Jeremy Kirk, Seoul bureau
chief
YONGSAN GARRISON — The appropriate punishment for a U.S. civilian who allegedly
ordered that formaldehyde be dumped down the drain of Yongsan Garrison’s morgue last
year is suspension — not a criminal trial in South Korean court, says a U.S. Forces
Korea official.
Negotiations are under way between USFK and South Korea to determine jurisdiction over
Albert L. McFarland, according to Col. John P. Ley Jr., USFK judge advocate.
The Seoul District Prosecutor’s Office recommended a $3,800 fine against McFarland
in March, but a judge rejected the fine in early April and ordered him to face a criminal
trial.
"In this case, there was no harm to public health or safety, there was no criminal
intent on the part of the civilian, and the act occurred in scope of his duties," Ley
said in a written response to a Stars and Stripes query. "We feel that a criminal
trial, which exposes him to the potential of confinement, is inappropriate."
In response to the judge’s action, USFK filed a document April 12 asserting
jurisdiction over McFarland under the Korea Status of Forces Agreement, the code of rules
that dictates how U.S. personnel are treated under South Korean law.
McFarland is charged with violating a water-quality law. McFarland allegedly ordered
two employees in February 2000 to drain about 20 gallons of formaldehyde in a sink. A U.S.
employee later complained to a civilian supervisor who did nothing, according to USFK. The
employee went to an independent environmental group, which held a press conference July
2000.
Nineteenth Theater Support Command Commander Maj. Gen. Barry Bates said in September
that two civilians would be punished for the incident, which sparked a spate of protests
at U.S. military installations across the country. Bates, who headed the investigation
into the dumping, said their names would not be revealed because of U.S. government
privacy laws.
Under the SOFA, the U.S. military and South Korea have concurrent jurisdiction when a
civilian or military member commits an act against the law of both countries. But the U.S.
military has primary jurisdiction when the offense occurs during official duty.
However, USFK allowed South Korean authorities to file a summary indictment against
McFarland, which sought a $3,800 fine for the dumping. McFarland paid the fine, and USFK
told the South Korean Ministry of Justice that no U.S. action was taken because of his
cooperation, according to Ley. But the summary indictment had to be reviewed by a judge,
who rejected the indictment and referred the case to trial, Ley said.
"This was particularly disturbing in view of the strong evidence that there was no
actual public harm or injury in this case," Ley wrote.
Now USFK says it has taken the appropriate disciplinary action to address
McFarland’s conduct, Ley wrote. Bates, who is McFarland’s senior military
supervisor, suspended him from work for 30 days without pay.
USFK officials admitted the formaldehyde disposal was against both U.S. and South
Korean law. Officials said later the disposal caused no environmental damage because it
was diluted in about 1.9 million gallons of other wastewater and went through three
treatment processes.
Still, the dumping prompted an July apology from former U.S. Ambassador Stephen
Bosworth.
Back to May stories
Page Two news roundup
Stories from April, 2001
Stories from March, 2001
Stories from February,2001
Stories from January, 2001
Stories from December, 2000
Stories from November, 2000
Stories from October, 2000
Stories from August and September, 2000
Stories from June and July, 2000
Home |
