Background on US Tank Accident in Korea
July 2002This is posted on www.koreawatch.org and the Korean text displays properly there. In addition, if you would like a copy in word format, please send the request as well as comments to tragicaccident@koreawatch.org
A Tragic Accident
On June 13th along a road in south Korea, a US Army Tank ran over two female junior high school students. It is correct to call this accident a tragedy. The victims suffered a horrible death. The families and friends of these girls will be haunted by the deaths, as will those soldiers involved in the accident.
The accident itself in which Shim Mi-son and Shin Hyo-sun were killed, though tragic, is of a type all too common in Korea. One Korean news report states that approximately 82 children are killed in traffic accidents every day [Coyner's comment: "every day" is difficult to believe; possibly every month - in any case, Korea has one of the highest per capita traffic fatality rates in the world - the majority of whom are pedestrians] in Korea and 70% of those accidents involve children walking on or along a road.[i]
The accident occurred along a narrow road near Yangju, north of Seoul, on a route commonly used by US military vehicles to travel to and from the Twin Bridges training area near Uijongbu, south Korea. Shim Mi-Son and Shin Hyo-sun were on their way to a birthday party, walking on the edge of the road. Sergeant Mark Walker was driving an AVLB, an M-60 tank designed to carry a tank bridge, as the third vehicle in a seven vehicle convoy moving to the Twin Bridges Training area. According to published reports, the AVLB adjusted its position away from the center line of the road in order to not collide with an approaching convoy of Bradley Armored Personnel Carriers. The AVLB was actually wider then the lane it was traveling in, so this brought the right track of the AVLB directly behind where the students were walking. When this happened, the students were in a blind spot caused by part of the bridge laying apparatus on the AVLB. The track commander, Sergeant Fernando Nino tried to warn the SGT Walker, but he had configured his radio system to talk to his company commander and he was unable to hear the warning of SGT Fernando.[ii] The girls were crushed by the right track of the 54 ton tank. SGT Walker stopped on top of the girls, then backed the tank off of where their bodies lay.
An Injustice for the Soldiers?
The US military in Korea has gone to extremes to address Korean s concerns over this incident. The 2nd Infantry Division investigated the accident and presented their explanation. The unit involved held a candlelight vigil. The commander of US Forces Korea apologized.[iii]
Despite these efforts, the US military has not been able to placate outrage over this accident. In part, the US was incompetent in dealing with this situation because of the efforts of increasingly well organized anti-US Non Governmental Organizations seeking to turn this accident into a political incident. In addition, electioneering politicians[iv] of all parties attempted and continue to attempt to use this issue to show their independence against the United States by condemning the US and calling for the prosecution and punishment of the two soldiers primarily involved in the accident in Korea s courts.
As a result, the Walker and Nino have now been charged with negligent homicide[v] by the US military and the Korean government is calling for them to be turned over to Korean authorities for trial and punishment[vi] even though initial investigations by Korean police and US Forces[vii] clearing these soldiers of having acted intentionally or negligently[viii] and despite their having been at the time of the accident performing under orders which they were legally required to obey on a route they were required to follow in a manner specified by their commanders and the military. As such, a tragedy is about to become an injustice.
Negligent Homicide
Officially, Walker and Nino have been charged with negligently failing to ensure the safe operation of the vehicle. [ix]
Negligent Homicide is covered in the Uniform Code of Military Justice Article 134 and is defined as any unlawful homicide which is the result of simple negligence [x]
Simple negligence is defined as:
Examples of negligent homicide part of a military training lesson on criminal law states:
- Simple negligence is the absence of due care, that is, an act or omission of a person who is under a duty to use due care which exhibits a lack of that degree of care of the safety of others which a reasonably careful person would have exercised under the same or similar circumstances.[xi]
Movement of military vehicles is inherently dangerous, especially through civilian areas.. For this reason, movement of military vehicles in any number is done through a convoy.
- The driver who goes through a red light and strikes and kills a pedestrian may be guilty of negligent homicide. The necessary acts for negligent homicide are not so severe as to amount to criminally culpable negligence, but are far enough from the expected conduct of a prudent person to amount to simple negligence. One in charge of a water crossing exercise failed to assure that persons crossing the creek were wearing life vests and secured to tagline and that a boat was following those crossing. His conduct was simple negligence. He was properly convicted of negligent homicide when a soldier fell from the rope and drowned. United States v. Zurrigl, 15 MJ 798 (ACMR 1983). In this case, the accused who was as the person in charge had a duty to take adequate measures to protect the persons under his charge from harm. The court concluded that a reasonably prudent person in the accused's position would have ensured that the persons crossing the creek were wearing life vests and secured to a tagline and that a boat was following those crossing. Failure to do so constituted simple negligence which caused the victim's death.[xii]
Convoys are regulated and tightly controlled. The very nature of these regulations is to reduce the chance of accidents.
In the army convoys are covered by local unit standard operating procedures and Field Manual 55-30 Army Motor Transport Units and Operations. An examination of the guidance in FM 55-30 shows that the leaders did much of what was required. They had proper convoy clearance. They had numbers on their vehicles. They placed the command vehicle, an M-113 directly behind the lead vehicle, a Humvee. They placed the AVLB, a vehicle requiring special attention, directly after the command vehicle.
Another requirement they likely followed is a safety briefing in which, prior to movement, the leader in charge of the movement warns drivers and passengers about the dangers and hazards associated with the route and any other information to assure the orderly and safe transit of the convoy to the destination. It is required that leaders advise convoy members of safety issues related to the movement[xiii], including movement through populated areas along the route, the presence of pedestrians and other vehicles along the route, and areas in which the width of the road or reductions in the width of the road pose a hazard[xiv]
An editorial in the Joongang Ilbo published shortly after this accident described the road as very dangerous, especially to pedestrians, and commented that it was amazing that more accidents did not happen.[xv]
Early investigation by Republic of Korea police identified that one of the reasons for the accident was that the lane was narrower then the AVLB.[xvi] If this was not known by leaders or not provided as part of the safety briefing to the driver and track commander it would seem that any simple negligence would be shared by their leaders. However, at this point only the driver and track commander have been charged with negligent homicide.
In addition, in his apology for the incident, USFK commander Gen. Leon J. LaPorte identified several changes to policy that were intended to avoid future accidents which would also seem to indicate circumstances that would mitigate any charge of negligence.[xvii]
Analysis
The US Military is Poorly Equipped to Deal with Today s Korea
The US Forces in Korea continue to be plagued by the short tour. Most enlisted soldiers and officers spend only one year in Korea. In effect, half of the unit is new and the other half is planning their return to the United States. For many, even US Forces Korea Commanding General LaPorte, this is their first and only tour in Korea.
The high concentration of population, restricted terrain, and narrow roads are far more difficult to navigate then the areas in which US soldiers conduct operations and train in the United States and Europe. The high concentration of population in the Seoul-Inchon area in which most of the troops are deployed and train rivals the population density of that of Hong Kong or Metropolitan Tokyo.
Soldiers in Korea often have a poor understanding of Korean culture, no understanding of Korean language, and as such are unable to overcome a organizational bias against Koreans held over from the earliest days of the US military s involvement with Korea.
Commanders are often totally dependent on Korean soldiers or Korean civilians with no training as interpreters to present information to the Korean press or to use in working with the Korean public. Without non-Korean speakers of Korean and Koreans trained as interpreters, subtle meanings as well and more general information are often not properly communicated. Even when the words are properly conveyed, appreciating the meaning may take a detailed explanation may be required for someone not familiar with the culture to understand the meaning.
Finally over the last twenty years, as Korea has dismantled the remnants of military government and experienced greater political and economic freedom, the social and political systems that have acted to moderate public acceptance of the friction that occurs in Korean-US Military interactions has been dismantled. The Korean government, which once would have suppressed press reports or protests aimed at causing the US to lose face, no longer offers the same level of help, effectively ending their support of the special status once afforded US forces in Korea.
The Challenge Posed By Non-Governmental Organizations Is Undermining US forces in Korea
It has always been a question as to what would happen to student radicals once they could no longer hang out at colleges and universities. In Japan, the student radicals of the 60s formed violent anti-government groups. In south Korea with tight control over dissent, particularly involving north-south issues under the National Security Law, many dissidents have moved into Non Governmental organizations and have used environmental and human rights issues to attack the US presence in south Korea. Under Kim Dae Jung s administration, the number of these NGOs and their prestige has increased.
Most activities by Korean Anti-American NGOs have the effect of undermining the ability of US troops to maintain trained troops in Korea. The ability of US troops to train is compromised. The ability of the US to provide and control facilities is greatly restricted. Mistakes made by the US military are exaggerated far beyond similar mistakes made by the Korean military or industry.
Just prior to the accident involving the two girls, Non Governmental Organizations had been trying to raise public ire over a death in a construction accident involving high voltage lines supplying USFK facilities[xviii], but had raised little interest due to the World Cup. The deaths of two junior high school girls was had potential for much greater publicity and public outrage and as the World Cup came to an end.
Other recent controversies driven by Korean NGOs include attempts to derail south Korea s purchase of the F-15K, attempts to undermine Status of Forces negotiations, changes to US facilities, controversy over use of land designated for US facilities, accusations of environmental damage by US troops, accusations of trafficking in humans and institutionalized prostitution, etc.
This is What SOFA is For
The Status of Forces Agreement between Korea and the United States provides privileges to the US Military and soldiers assigned to Korea.[xix] SOFA used to provide an almost blanket protection to US troops, creating a perception that US Troops were escaping punishment. More recently the SOFA has been modified to limit full protection to soldiers performing their duties.
Soldiers turned over to Korea for trial lose many of the rights taken for granted by US citizens. They lose the right to a trial by a jury by their peers. They lose the right to a lawyer during questioning. They may be detained over a period of days without being charged.
After the recent accident, south Korea s government calls for prosecution of the two soldiers was purely political. What SOFA protections remain are designed to protect soldiers who are already risking their physical safety for the protection of south Korea from having to sacrifice their rights and freedom for the political satisfaction of activists. There is no clearer example of what the SOFA is for then this accident and it is shameful that both sides appear to be moving toward using these soldiers to appease activists that will continue to prosecute actions aimed at removing US troops from Korea regardless of security needs of Korea and by any means available.
Additional Resources
Photos of the accident scene immediately after the accident:
http://www.jatong.org/movie/2002/flower/2flower.html
Photos of the Investigation
http://voiceofpeople.org/new/photo/index.htm
Examples of Anti-US NGOs
http://www.usacrime.or.kr
http://www.greenkorea.or.kr
http://www.ohmynews.co.kr
http://www.nogunri.org
http://www.banmi.com
http://www.banmiwomen.org
http://www.hackersnews.org
http://voiceofpeople.org
http://antimigun.org
[i] Page 82, Kukmin Ilbo, May 4, 2002
[ii] South Korea:US Military Driver Did Not Hear Warning Army Times
http://www.armytimes.com/story.php?f=1-292925-991720.php
[iii] USFK Commander Apologizes for Deaths of Teenagers Korea Herald
http://www.hankooki.com/kt_nation/200207/t2002070417185041110.htm
[iv] Lawmakers Ask USFK to Relinquish Jurisdiction Korea Times
http://www.hankooki.com/kt_nation/200207/t2002071017171141110.htm
[v] Two Soldiers Indicted Korea Herald
http://www.hankooki.com/kt_nation/200207/t2002070517465941110.htm
[vi] South Korea asks U.S. military to hand over American soldiers accused in teens' death AP
http://www.signonsandiego.com/news/military/20020710-0732-skorea-usmilitary.html
[vii] Anti-U.S. protests in two girls' death Joongang Ilbo 2002-06-30
[viii] S. Korea protesters demand U.S. hand over soldiers AP
http://www.chron.com/cs/CDA/story.hts/world/1494015
[ix] U.S. Soldiers Charged in Fatal S.Korea Accident
http://www.tallahassee.com/mld/tallahassee/news/politics/3605017.htm
[x] Uniform Code of Military Justice Article 134 4.86.3 c
[xi] Uniform Code of Military Justice Article 134 4.86.3 c
[xii] Principles of Criminal Law
https://hosta.atsc.eustis.army.mil/cgi-bin/atdl.dll/accp/mp1019/lsn1.htm
[xiii]FM 55-33 Appendix Q Sample Convoy Briefing
http://www.adtdl.army.mil/cgi-bin/atdl.dll/fm/55-30/appq.htm
[xiv] FM 55-30 Appendix H Road Net Evaluation
http://www.adtdl.army.mil/cgi-bin/atdl.dll/fm/55-30/apph.htm
[xv] [EDITORIALS]Clear up U.S. Army tragedy Joongang Ilbo
http://english.joins.com/article.asp?aid=20020704231801&sid=C00
[xvi] US Vehicle Kills Two Korean Teens Joongang Ilbo 2002-06-15
[xvii] Editoral Death of Two Girls Korea Herald
http://www.koreaherald.co.kr/SITE/data/html_dir/2002/07/08/200207080030.asp
[xviii] Activists stage protest over man's death allegedly linked to U.S. military power line Korea Herald
http://www.koreaherald.co.kr/SITE/data/html_dir/2002/06/11/200206110044.asp
[xix] Korea US Reach Troop Accord Korean Herald
http://kn.koreaherald.co.kr/SITE/data/html_dir/2001/01/13/200101130003.asp