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  #11  
Old 07-18-2007, 04:30 PM
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Re: New Memorandum about Cars

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Originally Posted by rndspringer

Interestingly enough, while I was away on midtour, I got an email from another non-command sponsored spouse who said she'd heard that NCS spouses who normally would have no driving privileges now got driving privileges *on base only*. To date, I haven't seen or heard any substantiation of this one either, I'd have to see it in writing... My suspicion is that she may have been referring to the fact that NCS spouses are allowed to drive as their husband's rank allows...
(

Okay, to debunk this rumor...I just spoke with the friend of mine who had sent me the email,and I asked her for more information, she said that it wasn't true,that her husband had checked into it further,and the information she had been given was false, that it is indeed, E-7 that have the authorization to drive, nothing changed.

One bites the dust,now to get to the bottom of the rest :) Mwahahah..

I'm on a quest now :)

Dee :)
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  #12  
Old 07-18-2007, 05:00 PM
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Re: New Memorandum about Cars

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Originally Posted by rndspringer
The rules and regulations that govern driving privileges for U.S. military folks here in Korea *aren't* fully set by the command structure of any service or base... they're a result of the negotiations of the Korean Government and the U.S. Government in the terms of the SOFA treaty. (Hence why to drive goes against the SOFA treaty, instead of just a base commander's regs) A commander may set in place regulations that make those standards *stricter*, however, the removal of these regs is not solely a matter of command discretion, but would require a whole new set of negotiations..that's why it's so bloody hard to get them changed, and to an extent why commander's hands are tied when it comes to getting NCO's driving privileges,etc.... :)

Dee :)
Dee, up until 2 1/2 years ago everyone could drive, E-5 and above anyway. This is 8th Army. It is due to the fact that someones stat's said E-6 and below recievied more vehicle violations than any other (DUI's and such).
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  #13  
Old 07-18-2007, 05:04 PM
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Re: New Memorandum about Cars

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Originally Posted by nearlywild
Oh, I'm not about to go out and buy a car. I just wanted to say that the military can't block you from getting the license. This may seem weird but I actually like not having a car here.
Just remember, when you make a blanket statment like that, (Army cannot stop a NCS spouse from getting a car and driving). You should also put in the implications that go along with that.

Most people take what they see a the "truth" and will go out and do it without realizing what could happen to them or their spouse.
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  #14  
Old 07-19-2007, 08:47 AM
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Re: New Memorandum about Cars

Quote:
Originally Posted by rndspringer
You're absolutely right, nearlywild, a NCS spouse can easily get an international driver's license, and drive...

The one problem that arises with that, CS or NCS, is that if you do so, it's considered a violation of SOFA rules on your part, as part of the SOFA standards say that you have to agree to the rules imposed on you by the authorities (and that's the base standards) . If you have an accident of any sort, or get a ticket you're not covered under the same legal protections that the SOFA act provides under normal conditions, and forfeit your rights under the SOFA...and that can open up the door for UCMJ action on your AD member, etc.
So if a Korean national who has been legally driving in Korea all his/her adult life marries a member of USFK, and subsequently gets a traffic ticket or in an auto accident ~ that person's spouse is now subject to UCMJ?

This is not some off-the-wall scenario ~ there are hundreds of such international marriages between members of USFK and local nationals every year. If what you are saying is factual, I would think people would be getting Article 15s left and right.
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  #15  
Old 07-19-2007, 09:38 AM
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Re: New Memorandum about Cars

Quote:
Originally Posted by willy
So if a Korean national who has been legally driving in Korea all his/her adult life marries a member of USFK, and subsequently gets a traffic ticket or in an auto accident ~ that person's spouse is now subject to UCMJ?

This is not some off-the-wall scenario ~ there are hundreds of such international marriages between members of USFK and local nationals every year. If what you are saying is factual, I would think people would be getting Article 15s left and right.

Please note that I said *may*.... It would be, I think, at a commander's discretion whether to punish one of his troops under UCMJ, just as most matters are. Violations of the SOFA treaty, however, are *NOT* negotiable, and consequences such as lack of legal protection,and non-payment for medical care...that's a cut and dried thing.

*However*, by assuming that the person involved in driving off base is a Korean national, we're introducing a variable into the equation that isn't in the original question..we're speaking of Non-command sponsored wives, U.S. citizens,and non-Korean national dependants in this specific instance, and there is no doubt of the consequences.

A lot of questions could come into play in the situation that you mentioned...is that Korean national an American citizen, or a Korean citizen? Not all "international brides" are full American citizens, after all, until they're naturalized. How does that affect their SOFA standing? Given that they're a Korean national, do they fall under Korean jurisdiction automatically or Korean law? There are a lot of subtle legalities in that situation that I don't claim to know, nor can I say how it would work in every situation...I'd say that in that particular situation you're speaking of, legal minds far more knowledgeable of international law and the SOFA treaty would have to be involved, and I know I certainly have no idea of what their answer might be.

All I know is that *every* dependant who bears a SOFA stamp in their passport that asserts that they're covered under the protection of the SOFA act-and yes, in this case, I would *think* it would also apply to a Korean national married to a USFK member as well if they've got that SOFA stamp.., or at least it *should*, since we should hold all spouses to the same standard in my opinion- agrees by the bearing of that stamp to abide by the regulations covered by that law...and that includes the regulations that govern driving privileges...and unless there's some exceptional protection clause that I'm aware of, then YES...even a Korean national dependant who has a traffic accident should be held to the same standards as any other dependant in the same situation, which means that they should *definitely* not have their medical care paid for, or be covered under the legal protection of SOFA.

*ANY* dependant,regardless of their birth nation, should be bound by the same rules and regulations as any other dependant... it's one of those things you agree to when you become a military dependant...and once you take those vows, and become listed *as* your husband's military dependant, you *are* a USFK dependant, regardless of nationality.

As military dependants, we *all* garner some privileges here, yes... but just as we American born wives have to give up some of the privileges *we're* normally entitled to in deference to our husband's military status (we, after all theoretically *could* get licenses, as well, the only thing stopping us *is* our dependant status and the respect for our military positions).. I would think that in all fairness.. any Korean national who becomes a military spouse should be prepared to give up some privileges as well to comply with those standards.

After all, it's not a very good American citizen..or *potential* citizen..that doesn't agree to abide by our laws.

It may be that the reason there *aren't* many situations of Article 15's left and right is that Korean nationals are actually being good citizens and abiding by the regulations that govern them in their new situation...who knows?

Just my 2 cents worth.

Dee
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  #16  
Old 07-19-2007, 09:58 AM
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Re: New Memorandum about Cars

Your not thief until you get caught......

Also, I believe it was stated somewhere else on this site that some peoople keep several hundred WON on them just incase they get into a fender bender to pay the person off so it does not go to insurance or police...
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