South Korea, U.S. Spar Over Jurisdiction in Toxics Case

The U.S. military on Wednesday rejected a South Korean court order for one of its American civilian employees to stand trial on charges of dumping toxic chemicals into a river.

A bailiff from the Seoul District Court visited the military headquarters in the capital to deliver the court summons for Albert McFarland, a 58-year-old civilian mortuary employee of the U.S. command.

The U.S. military refused to accept the summons, saying the Status of Forces Agreement between Washington and Seoul allows the U.S. side to have jurisdiction over the case. SOFA governs the legal status of the 37,000 U.S. troops in South Korea.

“When a person violates both the U.S. and South Korean laws, and if his act or omission occurred in his duty, SOFA says the U.S. side has the right to exercise primary jurisdiction,” a U.S. military spokeswoman said. Seoul says SOFA allows South Korea jurisdiction because McFarland is a civilian.

McFarland is accused of ordering the dumping of formaldehyde into the Han River last year.