Can Korean Authorities Keep USFK Personnel in Custody After an Arrest?
|The Stars & Stripes has an article about the curfew ending and here is a quote from the Provost Marshall on Osan Airbase I found interesting:
“We continue to be disappointed with the actions of a few individuals, mainly soldiers going out and getting into fights at night,” provost marshal Col. John Fivian told Stars and Stripes on Monday at USFK headquarters on Camp Humphreys.
He said problems were more noticeable in South Korea because troops who get into trouble are usually turned over to their commands; in the U.S., they would be dealt with by local authorities.
Stars & Stripes
I am sure the Provost understands this, but if servicemembers are arrested off base it is more nuanced than stating they are just handed over to their commands. Here is what the SOFA says:
The US retained custody until the completion of all judicial proceedings, including appeals prior to 2001. Under the revised SOFA, the ROK may now receive custody upon indictment if it requests in any one of twelve categories of serious cases. Such cases include murder, rape, kidnapping, arson, drug trafficking or manufacturing, robbery with a dangerous weapon, and cases of assaults, drunk driving or fleeing the scene of an accident that result in death. In very serious cases of murder or rape, if the Korean police arrest a SOFA accused in the act, in hot pursuit, or before he or she returns to military control, they may retain custody.
US-ROK SOFA Pamphlet
For minor crimes, yes servicemembers are usually handed over back to their commands, but for major crimes the Korean authorities can keep them in custody.
I’m not sure about other locations but near Ft Knox, if a soldier is arrested, the PMO is notified and they notify the command. The Commander and/or 1SG usually then go to the jail to make arrangements for release to them for any further judicial proceedings. Like the SOFA, local police will hold a soldier for serious (felony) crimes. Never been arrested, just grew up near Knox and heard stories of the way things worked.