`US Army recruits men with felony records, mental disorders`

`US Army recruits men with felony records, mental disorders`. October. 10, 2011 00:21. sunggyu@donga.com hjson@donga.com.

The string of sexual crimes committed by American soldiers in Korea in recent weeks is known to have resulted from reckless recruitment of men with criminal records, mental disorders or other problems.

According to U.S. Defense Department data released in 2008 by House Oversight and Government Reform Committee Chairman Rep. Henry Waxman, the number of U.S. Army recruits convicted of felonies such as robbery or assault more than doubled from 249 (based on U.S. Army statistics) in 2006 to 511 in 2007.

Waxman blamed unconditional recruitment of soldiers amid a shortage of military manpower due to the wars in Iraq and Afghanistan.

Analysts say crimes committed by American soldiers in Korea have increased in number because a considerable portion of inexperienced soldiers are deployed to Korea. The number of crimes committed by American soldiers in Korea surged from 207 in 2007 to 316 in 2010.

Despite mounting crimes committed by American servicemen here, no effective measures or regulations are in place to punish them. Clause 5 under Article 22 of the Status of Forces Agreement on the deployment of U.S. forces in Korea suggests that even if an American soldier commits a violent crime such as murder or rape, Korean police can take the suspect into custody only when they directly catch him at the crime scene.

In other cases, Korean police must hand over the suspect to U.S. authorities if requested.

Moreover, the U.S. military has the right to reject Korea’s request to put a suspect in detention if and when it finds even a slight chance that the soldier’s rights could be infringed on in a Korean criminal investigation or trial by a Korean court. For this reason, U.S. soldiers who commit crimes are detained mostly by military police of their own units rather than Korean authorities.

In addition, if the U.S. demands that Korea hand over jurisdiction, the latter has no choice but to do so except in cases in which the crimes are deemed "exceptionally serious." For this reason, Korea has used its jurisdiction over a U.S. military suspect in less than 5 percent of all crimes committed by American soldiers stationed here.

A source at the National Campaign for Eradication of Crimes by U.S. Troops in Korea said, “To minimize punishment, U.S. authorities arbitrarily judge that most crimes were committed while on official duty and thus take away jurisdiction over cases from Korean authorities,” adding, “Even in cases where Korea holds jurisdiction, only one to two U.S. soldiers as defendants are given prison sentences per year.”