반크: 눈을 감아도 우리는 볼수 있고, 입을 막아도 우리는 말할수 있습니다

눈을 감으라면 눈뜨지 않겠습니다
입을 다물라면 말하지 않겠습니다..
하지만 당신들은 아셔야 합니다.
눈을 감아도 우리는 볼수 있고, 입을 막아도 우리는 말할수 있다는 사실을..

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내 용	Please, listen to our voice.. Demonstrations against the U.S. military are spreading all over the country in Korea. This is a unprecedented nationwide reaction, though there have been anti-American protests of some university students and youths. Until now, Korea has maintained friendly relations with America. Even advocating the withdrawal of U.S. troops was considered a kind of illegal pro-North Korean behavior. However, Korean people's antipathy to the U.S. army, regardless of age or sex, has rapidly been increasing after the acquittal of two American sergeants. Such fury is not merely a problem related to pride as a sovereign nation. This accident just seems to light the fuse. There is something more fundamental; the Status of Forces Agreement(SOFA) and longstanding unfair relations. First of all, we need to look back on the beginning of this accident. Two schoolgirls, 14-year-old Shim Mi-sun and Shin Hyo-sun, were on their way to a birthday party on the morning of June 13, walking along a rural road. At that time, a 50-ton armored vehicle operated by two American army sergeants crushed them to death beneath its tracks. Shortly after the accident, the U.S. command announced that the sergeants were not at fault, although it was a tragic accident. The bereaved parents hoped only that the U.S. army would apologize for their beloved children's horrific death. It's not until civic groups' demands for surrender of the soldiers boiled up that the command formally charged them with negligent homicide. It was three weeks later from the accident. The U.S. army announced that penalties in a military court were usually heavier than those in a civilian court, and indicted two soldiers for involuntary manslaughter in a hurry. According to SOFA, the military authorities of the U.S. have the primary right of jurisdiction for the act or omission which was done in the performance of "official duty". And it's up to a U.S. armed force official, who issues a duty certificate, whether it's an official duty, or not. Although SOFA states that a state can ask the other State for a waver of its primary rights to exercise jurisdiction, Korea never demanded. On the other hand, Korean government has abandoned its primary jurisdiction for over 93% of crimes committed by U.S. soldiers every year. As the issue surrounding two girls' death grew, the Korean Justice Ministry called for this right at last. It's the first demand, but the U.S. army refused it. Also, the sergeants on the vehicle didn't faithfully cooperate with even Korean prosecutors' investigation. Koreans expected that our investigation was reflected in the trial, even though we couldn't have the jurisdiction. On Nov. 18, Sgt. Fernando Nino, the commander of the Army vehicle, stood trial for negligent homicide. On Nov. 20, the jury returned a verdict of not-guilty. The prosecution witnesses said; the day of the accident was clear weather that there were no obstacles to the track commander's view, and two schoolgirls were normally walking while dodging the vehicle. Meanwhile, Nino's lawyer insisted that 10 seconds were short to stop the vehicle, and Nino warned of danger, after finding the girls, but it was not delivered due to “a malfunction of communication equipment”. On Nov. 23, the vehicle's driver, Sgt. Mark Walker was also acquitted. In this trial, it's insisted that there was no malfunction of communication equipment. His lawyer put Walker's faults on Nino and the company commander of convey, having gone ahead. And he, Walker, left the court, saying that he was happy and felt pride as an American soldier. After two perpetrators all were released by conflicting circumstantial evidence, Korean people exploded with rage. According to the law of Korea, a perpetrator is basically guilty, although it's a negligent homicide. Koreans don't understand the situation that there are victims but no perpetrators. Also, Koreans have difficulty accepting specialty of the martial trial. The defendants were American soldiers, prosecutor, judge and the jury were all American soldiers. Koreans are not certain whether perpetrators' colleagues could be fair. In fact, Koreans didn't expect that the sergeants would be found guilty, so even the bereaved families didn't attend the trial. Nevertheless, when such a worry came to true, Koreans' long complaints against American unfair policies couldn't be subdued any more. Such a frenzy was not caused only by this accident. Of course, our expectation for a fair, clear decision was especially big on this case, because all Korean people's interest was focused on it without parallel. That's true. I don't think that you comprehend us. It was neither a rape nor an intentional murder. You can say, "Why are Koreans indignant like that?". A palpable fact is that it is never blind, unreasonable 'Anti-American sentiment'. The reason we demanded the jurisdiction was simple, but anxious. Since the U.S. army presence in Korea, there have been crimes committed by American soldiers. Government's official figures show that 56,904 American soldiers(including the civilian) committed 50,082 crimes from 1967 to 1998. It's presumed that there actually might be more crimes related to them. Crimes by American soldiers was a little reduced after the murder of Yoon Kum-ee. She was very gruesomely killed by an American soldier, Kenneth Markel in 1992. He hit her on the head with a coke bottle, and put it into her womb. He also inserted two beer bottles and an umbrella into her body. He was caught due to the fingerprint of a beer bottle which was found from her body at autopsy. Korean people were really shocked, and civic groups began to pay attention to the crimes by U.S. army in Korea. At that time, Koreans hoped that we could arrest and investigate him, but we couldn't because of SOFA. According to the SOFA, we couldn't detain U.S. soldiers before indictment. After all, he was sentenced to 15 years' imprisonment in 1994, and extradited to us from the American military authorities. It was one year and six months later from the murder. In 2001, such provisions were a bit amended. According to the amended SOFA, Korean authorities can detain American soldiers in case 'adequate cause' and 'necessity' exist for such custody within the definite categories before indictment; 12 vital crimes, including murder, rape, arson, and so forth. 'Adequate cause' means a judicial determination that there exist reasonable grounds to believe that the accused committed the offense. And 'Necessity' for pretrial custody shall be a judicial determination that there is reasonable ground to suspect that the accused has destroyed or may destroy evidence; that the accused may flee; or that the accused is likely to cause harm to the life, person or property of a victim, a potential witness, or a family member of a victim or potential witness. After all, this procedure is still complicated. Furthermore, a representative of the U.S. government shall be entitled to be present at all preliminary investigations, examinations, pretrial hearings, the trial itself and subsequent proceedings, at which the accused is present; and no statement of the accused take in the absence of such a representativ Because of this unfair SOFA, lots of crimes by the U.S. army have still committed. ; 500-600 new victims are being produced per year. We have handed over most of our jurisdiction to the U.S. military authorities even in crimes outside of the official duty, which we have the primary right of jurisdiction. The rate we actually exercise our jurisdiction is only 3%-7%, which follows the article, 'sympathetic consideration' of SOFA. As a result, most crimes by U.S. soldiers have ended in smoke. This is a serious problem especially in car accidents. Many of U.S. soldiers or the civilians' cars are not insured, and the victims have much trouble being compensated for their damage. Even some victims don't receive any compensation, though they are diagnosed with brain death. But we don't have any way to solve these situations. SOFA is clearly unfair. Nevertheless, U.S. military authorities have never kept even these agreements. In fact, SOFA states the following; "It is understood that the United States authorities shall exercise utmost restraint in requesting waivers of exclusive jurisdiction" But they have always demanded that. Also SOFA states the following; “A substantial departure from the acts a person is required to perform in a particular duty will usually indicate an act outside of the person's ‘official duty’." But it's also not observed. In 2000, the U.S. army admitted that they discharged at least 20 gallon of formaldehyde into 'Han-river'. But they insisted that it's harmless to environment. Han-river is the origin of Seoul people's drinking water, and formaldehyde is a kind of antiseptic used in biochemical laboratories or mortuaries. Korean people resented such discharge of poisonous substance from the U.S. army. But the U.S. military authority refused to attend even at the trial, insisting that it's an act done in the performance of official duty. We don't understand why it's an official duty, but we don't have any rights according to SOFA. It's an official duty because a U.S. official issued 'official duty certificate'. This accident is not solved yet. In these situations, two schoolgirls was died by two American sergeants. And they were found not guilty. Recently, it's proved that the U.S. Embassy discharged oil again, which have repeatedly happened. Koreans are not blind, radical 'Anti-American protesters'. We demanded the jurisdiction in this accident. Because we hoped such accidents would not happened here any more by thoroughly investigating this case. Any way, the trial ended, and the sergeants returned to America. The bereaved fathers tried to deliver a letter of protest to the U.S. Embassy, but even it's not achieved. Although we have difficulty accepting the decision, we have no choice but to respect it. Now, we expect only that Korea and America will maintain fair, neighborly relations through a revision of the SOFA. Please, listen to our voice. We, Koreans, are strongly hoping that SOFA will be amended and such a tragedy will not recur. We want you to understand our ardent wish. Tens of thousands of citizens voluntarily have taken to the street, carrying candles. Candles mean praying for the souls of the dead. Nuns, Christian priests, Buddhist monks are also engaged in such campaign. Of course, extreme demonstrations, such as burning the Stars and Stripes, sometimes happen, But most of people are very peaceful. Nobody terrorizes the U.S. Embassy or U.S. troops. We just try to convey our grief and desire to the U.S. authorities. Our original purpose is being distorted by the media. However, everything we want is fair, cordial, mutual relations between Korea and America. It‘s never Anti-Americanism. Please, listen to our voice..... Please, listen to our voice..... Yours very truly, VANK (Voluntary Agency Network of Korea) http://www.prkorea.org mailto: overseas@prkorea.org < VANK: http://www.prkorea.org > We, the Voluntary Agency Network of Korea (VANK), are a civilian international exchange association in Korea. We work for the promotion of Korea’s image all over the world though the Internet. We were established on January first, 1999, by volunteering people from the all over our country for the purpose of enhancing the image of Korea in cyber-space Through email or postage, we aim to serve as cyber travel guides to overseas Koreans and foreigners so that they can better understand our Korean culture and language, and at the same time build international friendships. VANK is a great chance those who are interested in Korean language, arts, cultural education, history, geography, social studies, sciences or just in making Korean friends Though it is the smallest of all your seeds, yet when it grows, it is the largest of garden plants and becomes a tree, so that the birds of the air come and perch in its branches. - [Matthew] -
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