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APPENDIX D

SECRET .

Trial of R. W. Jenkins by Summary Procedure

The issue of ROK criminal jurisdiction over members of the U. S. Forces
Korea has recently been raised with great force and publicity in the Kerean
press as the result of an alleged traffic violation by a DA contractor em-
ployee. On 23 December 1959, Mr. R. W. Jenkins, a U. S. citizen employee of
USFK contractor, the Vinnell Corporation, was driving a company truck in Seoul,
Korea, when it collided on a curve with a Korean taxi travelling in the op-
posite direction. The available evidence was conflicting as to who was at
fault. . Jenkins asserted that the accident was caused by a Korean taxi driver
who, in passing another taxi, came across the center line and collided with
his vehicle. On the other hand, the Korean taxi driver contended that Jenkins
was drunk and that Jenkins' yehicle came across the road into the path of the

Korean taxi, causing the collision. A male passenger in Jenkins' truck stated

that the skid marks and tire tracks indicated fault in the Korean taxi. In

February, 1960, the Vinnell Corporation's insurance carrier paid a total of
306,500 hwan for damages to the taxi and 78,200 hwan for personal injuries to
three Korean national passengers in the taxi injured in the accident. Re-
leases fran the owner of the taxi and the three injured Korean nationals were

secured. On 9 September 1960, utilizing the summary procedure discussed in

Section V, Paragraph F(3)a, su ra, the Seoul District Court convicted Jenkins

in absentia of causing bodily injury and property damage while driving a
vehicle in a grossly negligent manner in violation of Articles 268 and 189 of
the Korean Criminal Code. The Court sentenced Jenkins to a fine of 35,000
hwan, or 70 days' detention if the fine was not ia Jenkins did not pay

ee

loalculated on the basis of one day's imprisonment for each 500 hwan not

mane SECRET

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