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How do I sue the Republic of Korea for damages/tort?
I am a US civilian in Korea supporting US Forces in Korea according to the Status of Forces Agreement between the US and Korea.
I am trying to bring my filipina wife and step-child to Korea to join me here. The process has gone on for more than a year and a half.
According to the Article VIII paragraph 2 of the agreement, my dependents are granted entry into the Republic of Korea regardless of Korean law or regulation regarding aliens. Appropriate identity is restricted to ID cards, passports and service orders, no other documents are to be required.
The Korean embassy in Manila, Philippines has refused to accept USFK papers as proof of my wifes dependency and will not process a visa for her without a "mountain" of additional paperwork. This situation has caused my wife and I considerable stress and expense.
The Korean embassy is even compelling USFK personnel to submit IRS tax returns as a dependent visa issuance condition. The US tax code protects tax returns from submission to foreign governments except under very narrow circumstances.
Who, how, where and what should I do to recover loss from this situation.
Where is venue? Who has jurisdiction? Lawyer recommendations?
Can the Republic of Korea be sued for violating the treaty? Should the US government be sued for complicity by failing to vigorously protest Korea's consular procedures in the Philippines?
I am by no means alone in this situation.
holyoke,
Thanks, I have and intend to contact whoever in authority will listen and has capacity to act in the case.
I'm contemplating tort recovery after resolution of the situation. But if it continues indefinitely that may change.
Bite,
I agree 100% that trial in Korean court would be a losing proposition! Hoping to find a way around that.
The international law being broken is the Status of Forces Agreement between the RoK and the US. Korea agreed to allow entry of dependents of USFK personnel without respect to Korean alien regulation in Article VIII.
3 Answers
- 1 decade agoFavorite Answer
You will need to pursue this in Korean court, which would be a losing proposition. No international law is being broken as Korea has the right to control who enters within its boundaries.
- Anonymous1 decade ago
I would think that a lawsuit would generate even more delays and bigger mountains of paperwork.
Wouldn't diplomatic pressure be more effective?
- Anonymous1 decade ago
i do not know..you better find a more welcoming country