Yangju highway incident
Encyclopedia
The Yangju highway incident also known as the Yangju training accident or Highway 56 Accident, occurred on June 13, 2002 in Yangju
, Gyeonggi-do
, South Korea
. A United States Army armored vehicle returning to base in Uijeongbu
on a public road after training maneuvers in the countryside struck and killed two 14-year-old Korean girls, Shin
Hyo-sun (신효순) and Shim
Mi-seon (심미선).
The US soldiers involved were found not guilty of negligent homicide
in the court martial, further inflaming Korean passions. The memory of the two schoolgirls is commemorated annually in South Korea
.
A US military convoy subordinate to the US Army's 8th Army, 2nd Infantry Division set out to undertake a training exercise at a range approximately 12 miles (19 kilometers) north of metropolitan Seoul. As the convoy passed along a narrow country road near Yangju City, Gyeonggi Province, one of the convoy's armored vehicles, weighing approximately 57 tons, struck and killed two 14 year old Korean girls, Shim Mi-son and Shin Hyo-sun, as they walked along the side of the roadway on their way to a birthday party.
(SOFA), which stipulates that US military personnel fall under the jurisdiction of US military courts should they commit crimes while performing official duties, both the driver of the vehicle, Sergeant Mark Walker, and the vehicle’s commander, Sergeant Fernando Nino, were charged with "negligent homicide
” under the US military’s Uniform Code of Military Justice
(UCMJ) for "negligently failing to ensure the safe operation of the vehicle."
Seeking to prosecute the two soldiers in civilian courts under Korean law, however, on July 10, the South Korean Justice Ministry requested that the USFK command transfer jurisdiction in the case to the Korean legal system. While the SOFA stipulates that US military personnel performing official duties fall under the jurisdiction of US military courts, jurisdiction can be transferred to Korea at the discretion of the US military commander.
Citing concerns about setting a precedent
in terms of allowing civilian proceedings against US military personnel, then Judge Advocate of the USFK, Colonel Kent Myers, said the US command would not do so, noting that the US Army had waived jurisdiction only once before in a case in which the act committed was intentional and not accidental. In a statement issued by the USFK, Col. Myers noted that Walker and Nino were clearly performing assigned duties in an official capacity and were therefore subject to the UCMJ under the US-ROK SOFA.
Although they refused the request of the Korean Justice Ministry, US officials did, however, invite more than 30 media representatives, representatives from the South Korean Justice Ministry, the Ministry of Foreign Affairs and Trade, and from Korean Non-Governmental Organizations (NGOs) to observe the trials. In addition, rooms with closed circuit television (CCTV) coverage were provided to accommodate the increased level of interest. Moreover, families of the victims were invited to attend and, to protect their privacy, were offered the use of a separate CCTV-equipped room staffed with an interpreter and military lawyer to explain the processes involved. In addition to these actions, public statements made by US officials stressed the fair and impartial nature of the US military legal process.
During the proceedings, lawyers for Sgt. Nino contended that he attempted to alert Sgt. Walker to the presence of the two girls on the periphery of the road. Reports differ as to whether Sgt. Walker did not hear the order due to a defective communications device or because he had altered the frequency of his radio in order to communicate with others in the convoy.
Sergeants Nino and Walker were subsequently found not guilty of "negligent homicide" in verdicts issued independently by two separate panels on Wednesday, November 20 and Friday, November 22, 2002. While demonstrators questioned the legitimacy
and objectivity of the US military court and its verdict
, the South Korean Justice Ministry voiced dissatisfaction with the verdict, but respect for the process as employed.
However, the acquittal of the two servicemen sparked anti-American demonstrations in various locations, termed "the biggest anti-American protests the country has seen in recent years" by a BBC report covering the December 2002 visit of then US Deputy Secretary of State Richard Armitage
to South Korea. The same report also suggested that presidential elections in South Korea, set to take place that same December, may have focused attention on the issue as a larger referendum on the US-ROK relationship, and thus exacerbated tensions. In addition to anger, sadness, and outrage at the death of the two girls, this move sparked protests in several locations as South Koreans expressed a desire for greater control over foreign forces stationed in Korea and urged that the SOFA be revised accordingly.
In addition to a series of large demonstrations at US bases and a rally attended by more than 50,000 Koreans in Seoul during the second week of December, attacks, including fire bombings, were launched at Yongsan Garrison
and both the Korean and American personnel responsible for guarding US military installations in Korea. In one incident in December 2002, an unarmed US soldier, Army Lieutenant Colonel Steven A. Boylan, was attacked by three South Korean men wielding a knife outside the Garrison. Lt. Col. Boylan suffered only minor injuries.
, and the retrofitting of additional intercom systems on US military vehicles to allow for direct communication between drivers and vehicle commanders.
Officials from Gyeonggi Province also took actions to address another issue seen to have contributed to the accident, inadequate transportation infrastructure. Reports indicated that one factor that may have contributed to the deaths of Shim Mi-son and Shin Hyo-sun, was the width and design of the roads in the area near their home village. Not only are roads in the area narrow, they do not always have space allocated along their periphery for pedestrians to use as walkways. Some have posited that this design contributes to the number of traffic accidents in Korea in general. Given that the armored vehicles traveling in the convoy on June 13 are wider than both a typical passenger vehicle and than the lanes marked on most roads, and that the two girls were struck on an uphill S-curve, some reports posited that the design of the road where the accident occurred, and the width of the vehicles, the lanes on the road, and the road itself may have exacerbated the dangers already inherent when military vehicles operate within a civilian environment.
As such, improvements were made to the road where the incident took place as part of a $94 million dollar plan to improve more than 100 miles (160.9 km) of roads throughout the province. A major focal point of the project was the completion of improvements to roads used by the 2nd Infantry Division. Officials focused on widening, straightening, and smoothing the roads, while also adding footpaths. Begun in December 2002, reports suggest the project was 85 percent complete as of February 2004 and set to be concluded by April 2004. While the South Korean national government spent almost $1 million dollars to acquire the land necessary to widen several stretches of road, in some cases by 2–3 feet, the cost of construction fell upon Gyeonggi Province.
Yangju
Yangju is a city in Gyeonggi Province, South Korea. Yangju is located south of Dongducheon and north of Uijeongbu not far from Seoul.- Attractions:...
, Gyeonggi-do
Gyeonggi-do
Gyeonggi-do is the most populous province in South Korea. The provincial capital is located at Suwon. Seoul—South Korea's largest city and national capital—is located in the heart of the province, but has been separately administered as a provincial-level special city since 1946...
, South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
. A United States Army armored vehicle returning to base in Uijeongbu
Uijeongbu
Uijeongbu is a city in Gyeonggi Province, South Korea.The city is located just north of Seoul with many U.S. and Korean military bases for the defense of the Korean capital. The U.S. Second Infantry Division has established its headquarters in the city with main troops deployed in Dongducheon...
on a public road after training maneuvers in the countryside struck and killed two 14-year-old Korean girls, Shin
Shin (Korean name)
Shin is a Korean family name. According to the 2000 census in South Korea, there were 911,556 people carrying the Shin surname.-Clans:There are three Chinese characters for the Shin surname. Between these three characters, there are five different clans. Each Shin clan descends from a different...
Hyo-sun (신효순) and Shim
Sim (Korean name)
Sim or Shim is a Korean surname. There are six Shim clans in Korea based on six different regions. such as Cheongsong, Pungsan, Samcheok, Buyu, Uiryeong, and Jeonju. The biggest Sim clan is Cheongsong; they comprise about 85% of the all those with the surname Shim. Fourteen percent of all Korean...
Mi-seon (심미선).
The US soldiers involved were found not guilty of negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...
in the court martial, further inflaming Korean passions. The memory of the two schoolgirls is commemorated annually in South Korea
South Korea
The Republic of Korea , , is a sovereign state in East Asia, located on the southern portion of the Korean Peninsula. It is neighbored by the People's Republic of China to the west, Japan to the east, North Korea to the north, and the East China Sea and Republic of China to the south...
.
Overview
Legal proceedings -- issue of jurisdiction
On July 5, 2002, as a result of this incident, and in accordance with the US-ROK Status of Forces AgreementStatus of Forces Agreement
A status of forces agreement is an agreement between a host country and a foreign nation stationing forces in that country. SOFAs are often included, along with other types of military agreements, as part of a comprehensive security arrangement...
(SOFA), which stipulates that US military personnel fall under the jurisdiction of US military courts should they commit crimes while performing official duties, both the driver of the vehicle, Sergeant Mark Walker, and the vehicle’s commander, Sergeant Fernando Nino, were charged with "negligent homicide
Negligent homicide
Negligent homicide is a criminal charge brought against people who, through criminal negligence, allow others to die.Negligent Homicide is a lesser included offense to first and second degree murder, in the sense that someone guilty of this offense can expect a more lenient sentence, often with...
” under the US military’s Uniform Code of Military Justice
Uniform Code of Military Justice
The Uniform Code of Military Justice , is the foundation of military law in the United States. It is was established by the United States Congress in accordance with the authority given by the United States Constitution in Article I, Section 8, which provides that "The Congress shall have Power . ....
(UCMJ) for "negligently failing to ensure the safe operation of the vehicle."
Seeking to prosecute the two soldiers in civilian courts under Korean law, however, on July 10, the South Korean Justice Ministry requested that the USFK command transfer jurisdiction in the case to the Korean legal system. While the SOFA stipulates that US military personnel performing official duties fall under the jurisdiction of US military courts, jurisdiction can be transferred to Korea at the discretion of the US military commander.
Citing concerns about setting a precedent
Precedent
In common law legal systems, a precedent or authority is a principle or rule established in a legal case that a court or other judicial body may apply when deciding subsequent cases with similar issues or facts...
in terms of allowing civilian proceedings against US military personnel, then Judge Advocate of the USFK, Colonel Kent Myers, said the US command would not do so, noting that the US Army had waived jurisdiction only once before in a case in which the act committed was intentional and not accidental. In a statement issued by the USFK, Col. Myers noted that Walker and Nino were clearly performing assigned duties in an official capacity and were therefore subject to the UCMJ under the US-ROK SOFA.
Although they refused the request of the Korean Justice Ministry, US officials did, however, invite more than 30 media representatives, representatives from the South Korean Justice Ministry, the Ministry of Foreign Affairs and Trade, and from Korean Non-Governmental Organizations (NGOs) to observe the trials. In addition, rooms with closed circuit television (CCTV) coverage were provided to accommodate the increased level of interest. Moreover, families of the victims were invited to attend and, to protect their privacy, were offered the use of a separate CCTV-equipped room staffed with an interpreter and military lawyer to explain the processes involved. In addition to these actions, public statements made by US officials stressed the fair and impartial nature of the US military legal process.
During the proceedings, lawyers for Sgt. Nino contended that he attempted to alert Sgt. Walker to the presence of the two girls on the periphery of the road. Reports differ as to whether Sgt. Walker did not hear the order due to a defective communications device or because he had altered the frequency of his radio in order to communicate with others in the convoy.
Sergeants Nino and Walker were subsequently found not guilty of "negligent homicide" in verdicts issued independently by two separate panels on Wednesday, November 20 and Friday, November 22, 2002. While demonstrators questioned the legitimacy
Legitimacy
Legitimacy, from the Latin word legitimare , may refer to:* Legitimacy * Legitimacy of standards* Legitimacy * Legitimate expectation* Legitimate peripheral participation* Legitimate theater* Legitimation...
and objectivity of the US military court and its verdict
Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. The term, from the Latin veredictum, literally means "to say the truth" and is derived from Middle English verdit, from Anglo-Norman: a compound of ver and dit In law, a verdict...
, the South Korean Justice Ministry voiced dissatisfaction with the verdict, but respect for the process as employed.
Acquittal and expressions of Anti-American sentiment
Full apologies were issued by US civilian and military officials at various levels of authority immediately after the incident and repeated throughout the course of the legal proceedings. In addition, visits were made to the families of the two victims, and compensation was promised. US President George W. Bush also phoned then South Korean President Kim Dae-jung and expressed his regret over the deaths of the two Korean girls.However, the acquittal of the two servicemen sparked anti-American demonstrations in various locations, termed "the biggest anti-American protests the country has seen in recent years" by a BBC report covering the December 2002 visit of then US Deputy Secretary of State Richard Armitage
Richard Armitage (politician)
Richard Lee Armitage, GCMG AC CNZM was the 13th United States Deputy Secretary of State, the second-in-command at the State Department, serving from 2001 to 2005.-Early life and military career:...
to South Korea. The same report also suggested that presidential elections in South Korea, set to take place that same December, may have focused attention on the issue as a larger referendum on the US-ROK relationship, and thus exacerbated tensions. In addition to anger, sadness, and outrage at the death of the two girls, this move sparked protests in several locations as South Koreans expressed a desire for greater control over foreign forces stationed in Korea and urged that the SOFA be revised accordingly.
In addition to a series of large demonstrations at US bases and a rally attended by more than 50,000 Koreans in Seoul during the second week of December, attacks, including fire bombings, were launched at Yongsan Garrison
Yongsan Garrison
United States Army Garrison Yongsan is located in Seoul, South Korea and is home to the headquarters for the U.S. military presence in Korea, known as United States Forces Korea , as well as the headquarters for the Eighth United States Army and Installation Management Command Korea Region...
and both the Korean and American personnel responsible for guarding US military installations in Korea. In one incident in December 2002, an unarmed US soldier, Army Lieutenant Colonel Steven A. Boylan, was attacked by three South Korean men wielding a knife outside the Garrison. Lt. Col. Boylan suffered only minor injuries.
Aftermath
In the months following the incident, both the US military and Korean authorities took actions to attempt to address the circumstances seen as having led to the deaths of the two girls. As of August 2002, the US Army banned all armored vehicles of the type involved in the June 13th accident from civilian roads. In addition, the Army announced more than 20 additional measures to improve safety during training exercises, including improvements to the notification system used to communicate with community leaders about upcoming training exercises, the installation of additional mirrors on US Army vehicles to improve driver visibilityDriver visibility
In transport, driver visibility is the maximum distance at which the driver of a vehicle can see and identify prominent objects around the vehicle. Visibility is primarily determined by weather conditions and by a vehicle's design. The parts of a vehicle that influence visibility include the...
, and the retrofitting of additional intercom systems on US military vehicles to allow for direct communication between drivers and vehicle commanders.
Officials from Gyeonggi Province also took actions to address another issue seen to have contributed to the accident, inadequate transportation infrastructure. Reports indicated that one factor that may have contributed to the deaths of Shim Mi-son and Shin Hyo-sun, was the width and design of the roads in the area near their home village. Not only are roads in the area narrow, they do not always have space allocated along their periphery for pedestrians to use as walkways. Some have posited that this design contributes to the number of traffic accidents in Korea in general. Given that the armored vehicles traveling in the convoy on June 13 are wider than both a typical passenger vehicle and than the lanes marked on most roads, and that the two girls were struck on an uphill S-curve, some reports posited that the design of the road where the accident occurred, and the width of the vehicles, the lanes on the road, and the road itself may have exacerbated the dangers already inherent when military vehicles operate within a civilian environment.
As such, improvements were made to the road where the incident took place as part of a $94 million dollar plan to improve more than 100 miles (160.9 km) of roads throughout the province. A major focal point of the project was the completion of improvements to roads used by the 2nd Infantry Division. Officials focused on widening, straightening, and smoothing the roads, while also adding footpaths. Begun in December 2002, reports suggest the project was 85 percent complete as of February 2004 and set to be concluded by April 2004. While the South Korean national government spent almost $1 million dollars to acquire the land necessary to widen several stretches of road, in some cases by 2–3 feet, the cost of construction fell upon Gyeonggi Province.
See also
- Anti-American sentiment in KoreaAnti-American sentiment in KoreaThe Anti-Americanism in Korea began with the earliest contact between the two nations and continued after the division of Korea. In both North Korea and South Korea, anti-Americanism after the Korean War has focused on the presence and behavior of American military personnel , aggravated especially...
- South Korea-United States relations
- Demonstrations at Yongsan Garrison
External links
- June 13th Accident - legal Q&A US Embassy