U.S. 2nd Infantry Division soldiers are seen during the U.S. 2nd Infantry Division/Combined Forces Command best squad competition at U.S. Army Garrison Humphreys in Pyeongtaek, Gyeonggi Province, May 4, 2023. Yonhap
A U.S. Forces Korea (USFK) serviceman was apprehended on Sept. 29 for stealing a car in southern Seoul's Gangnam District. He drove approximately 50 kilometers south, until police stopped him in Osan, Gyeonggi Province. At the time of his arrest, his blood alcohol content was at a level high enough to warrant the revocation of his driver's license.
Earlier that month, another American was arrested for physically assaulting a taxi driver, claiming the fare was excessive. The driver charged 77,000 won ($57) for the ride from Seoul's Hongdae area to Dongducheon in Gyeonggi Province — a reasonable amount — but the assault left the driver with facial fractures requiring three weeks of treatment.
In July, police arrested a USFK serviceman for threatening customers and staff with a kitchen knife while intoxicated at a restaurant in Hongdae, charging him with intimidation using a weapon and obstruction of business.
These incidents are among the hundreds of crimes committed by USFK personnel each year. While the 28,500-strong U.S. military presence symbolizes the strong Korea-U.S. military alliance, rising crime rates involving American military personnel have led to growing calls for stricter penalties.
According to the 2024 legal yearbook published by the Ministry of Justice earlier this month, the number of crimes committed by USFK personnel has increased steadily over the past five years. The data revealed that there were 599 cases in 2023 involving 626 personnel, nearly double the 351 cases reported in 2018.
There were 444 cases in 2019, followed by 541 in 2020, 457 in 2021 and 521 in 2022.
Despite this upward trend, investigations and legal actions regarding these crimes remain insufficient, critics said, due primarily to restrictions imposed by the Status of Forces Agreement (SOFA).
U.S. soldiers march during an Armed Forces Day military parade in central Seoul, Oct. 1. Yonhap
Under SOFA, which governs the legal status of USFK personnel, Korean authorities can primarily exercise judicial power when an American serviceman is implicated in a crime, except while on duty.
Yet under related rules, Korean authorities generally do not have immediate custody over USFK personnel during the initial police investigation. If a crime is considered "of particular importance," such as serious offenses like murder, rape or robbery, local authorities may deem it necessary to exercise jurisdiction but can only detain the suspect at the crime scene.
"The current SOFA regulations regarding investigations into crimes by USFK personnel make it very difficult for law enforcement authorities to conduct initial investigations, as securing custody of suspects is limited," said Park Sam-sung, a lawyer at People's Solidarity for Participatory Democracy and Lawyers for a Democratic Society, also known as Minbyun. Park specializes in USFK legal matters.
As a result, collecting evidence in the early stages of an investigation hampers law enforcement's ability to proceed to trials, often leading to lenient punishments, the lawyer added. He called for improvements to SOFA regulations to enhance the investigative capacity of local police.
Meanwhile, some critics attribute the increase in crimes to the lifting of a USFK-wide curfew in 2019. The curfew, which restricted service members' movements between 1 a.m. and 5 a.m., was imposed in 2011 in response to public outcry over allegations of sexual violence and other crimes committed by USFK personnel.
Regarding the issue, the USFK said it remains committed to being a good neighbor to its host nation.
"A key priority remains sustaining a fit, disciplined, well-trained, and ready 'fight tonight' force that embodies the United States' ironclad commitment to the ROK-U.S. Alliance," it said in a statement.
"We take any reports of U.S. service member misconduct seriously, as such actions are counterproductive to our readiness and do not reflect the values of any service component, USFK, or the deep respect we have for the Korean people and their culture."