주한미군 범죄의 억제를 위한 「주한미군지위협정(SOFA)」의 합리적 개정방향

Abstract

The role of the U.S.-South Korea Alliance and the United States Forces Korea (USFK) is being emphasized more so than ever before from the recent changes in the Inter-Korean situation as well as internal/external security situations. Accordingly, the role of the USFK that has contributed to the security of South Korea from the liberation to the Korean War cannot be denied. This study, accordingly, reviewed the clauses of 「SOFA」that need to be revised as a foundational measure to reduce the crimes committed by the USFK upon excluding security and ideological discussion of ’progressive’and ’conservation’, anti-U.S., changes in the U.S.-South Korea Alliance and the necessity of the USFK remaining in South Korea. According study results are as follow. First, it is necessary to limit the scope of the related personnel of the agreement to ’everyone that submits to the U.S. military law’ to exclude other relatives and invited contractors. Second, it is necessary to delete the regulatory clause to give up on jurisdiction,although South Korea has the primary jurisdiction, when there is a request from the USFK authorities except for cases where South Korean authorities deem it important to exercise jurisdiction. Third, there is a need to allow the Korean court to become involved in the final decision on the official duties certificate that can certify the crime committed by the USFK during official duties. Fourth, it is necessary to prepare specific contents on cooperation of investigation between the South Korean authorities and the USFK authorities, and mandate mutual notification during occurrence of any crime to more effectively conduct preliminary investigation by the police. Fifth, it is necessary to revise the clause on extradition request and detention to allow South Korean authorities to transfer even in the case of prosecuting for the USFK authorities to give up jurisdiction even though the South Korean authorities do not have the primary jurisdiction. In addition, it is necessary to abolish provisory clause of 12 major crimes that are complicating extradition request to allow extradition request upon prosecution for every crime. Additionally,there is a need to expand crimes that allow continuous detention during arrest before prosecution not only to heinous crimes such as murder and serious offense such as rape but also to every crime. Sixth, there is a need to abolish unnecessary clauses on the rights of USFK suspect and defendant to ensure the reliability of governmental authority and improve reverse discrimination against local citizens. Seventh, it would be reasonable to revise the clause on the delivery of lawsuit documents to specify specific contents on mandatory cooperation of delivery, and immediately abolish the clause on the restriction of the right of appeal by the prosecution. For the purpose of reducing the crimes committed by the USFK, it requires the changes in the consciousness of the investigative agency, the judicial authorities and people in general, in addition to revision of law through changes in the attitude of the U.S.-South Korean authorities. These changes must be accompanied to be able to prevent our people from receiving unfair damages by the USFK.