Korean sofa page 16

guarantee to such persons the right to a fair trial, the United States armed forces will sympathetically consider requests by the Republic of Korea to exercise jurisdiction over United
States civilians and dependents for such offenses if the Republic of Korea ensures that such persons will be tried in regularly constituted civilian courts with normal SOFA safeguards.

Paragraph 1( b)
The civil authorities of the Republic of Korea will retain full control over the arrest, investigation and trial of a member of the United States armed forces or civilian component or

a dependent.
Agreed Minute Re Paragraph 2
It is understood that the United States authorities shall exercise utmost restraint in requesting waivers of exclusive jurisdiction.

Agreed Minute Re Paragraph 3( a)
1. A substantial departure from the acts a person is required to perform in a particular duty will usually indicate an act outside of the person's "official duty."

2. A duty certificate shall be issued only upon the advice of a Staff Judge Advocate, and the competent authority issuing the duty certificate shall be a general grade officer.
3. (a) The certificate will be conclusive unless modification is agreed upon. However, the Republic of Korea authorities may discuss, question or object to any United States armed
forces official duty certificate. The United States authorities shall give due consideration to any opinion which may be raised by the Republic of Korea authorities in this regard.

(b) With respect to the right of lower level authorities of the Republic of Korea to discuss, question, or object to any United States armed forces official duty certificate, the
appropriate branch, district, or similar level prosecutor may discuss any questionable official duty certificate with the Staff Judge Advocate or appropriate legal officer within ten (10) days
of receipt. If satisfactory resolution is not reached within ten (10) days of the prosecutor's receipt of such certificate, appropriate officials of the Ministry of Justice may then discuss any
remaining disagreement with the Judge Advocate, United States Forces, Korea, or a designee of the Judge Advocate. If an agreement cannot be reached within twenty (20) days after the
official duty certificate was originally filed with the local prosecutor, the remaining disagreement may be referred to the Joint Committee or its Criminal Jurisdiction