G. (U) Trial_of U.S. Forces Korea, Security Guard

One case of primary importance to the U. S. Forces in, Korea has been
tried by the Ski gt law courts during the present rule by the Supreme
Council for National Reconstruction.

On the evening of 3 September 1961, two Korean nationals attempted
illegally to board a barge in Inchon harbor on which there was U. 5.
Government property. At the time, the barge was guarded by one KIM
Seung Yul, who was employed as 4 security guard by the Inchon Port
Commander. Following assaults on his person, KIM shot and killed one

of the thieves. Investigation of the incident disclosed that the guard

was acting within the scope of his employment and killed a Korean in

self defense. However, on 2 October, KIM was charged with waxder’ and

his case was forwarded to the Commander, 6th Military District, for
reference to trial by martial law court. On the following day, the
Chief of Staff, Republic of Korea Army, who has ultimate jurisdiction
over martial law cases, was requested in 4 letter by the Chief of Staff,
Eighth United States Army, to dismiss the charges against KIM. The
request was predicated on Paragraph IV, 6, Exchange of Letters, dated
21 September 1951, Constituting an Agreement Between the Secretary-
General /United Nations/ and the Government of the Republic of Korea
Relating to Privileges and Immunities to be Fn joyed_by the United
Nations in Korea, although this section was not mentioned specifically

jn the letter. In pertinent part, the Agreement provides that "Locally

eT

56
Criminal Code, Art. 250.