U.S. man is found guilty of polluting Han River

A diplomatic dispute appears to be brewing following a guilty verdict reached in absentia yesterday by the Seoul District Court involving Albert McFarland, an American civilian employee of the U.S. military’s mortuary, accused of discharging toxic chemicals into Seoul’s Han River.
The court ruling imposed a six-month prison term on Mr. McFarland who was found guilty of discharging 24 gallons of formaldehyde into the river in February, 2000. The court decision stated, “Mr. McFarland, who well knows the poisonous characteristics of formaldehyde discharged it, even ignoring his subordinate employee who was opposed to the discharge. He made only lame excuses while being investigated by the Korean prosecution and refused to appear for court hearings on three consecutive occasions. The court believes he has shown no signs of repentance for his serious crime and it has thus decided to convict him.”
The prosecution had originally sought to impose a 5 million won ($4,200) fine in 2001 on Mr. McFarland, but a judge rejected the fine and ordered him to face a criminal trial. Despite court efforts to summon him, Mr. McFarland has refused to appear, saying that the United States Forces in Korea has jurisdiction over him. He and the USFK have cited the Status Of Forces Agreement, which states that the USFK has jurisdiction over U.S. military officers who committed crimes while on duty.
But yesterday’s court ruling said that Korea has the right to exercise jurisdiction over Mr. McFarland as he is a U.S. civilian, not a soldier, and because he committed the crime during peacetime.
The USFK, however, issued a statement yesterday saying that it believes it has jurisdiction over the McFarland case.
In order to arrest Mr. McFarland, prosecutors have to seek cooperation of the USFK if he is inside a U.S. army base.

by Kim Hyeon-gyeong