DOD Contrator-United States Forces Korea(USFK)

[robinkorea]

I have been working 10 years for the US government (5 in the Army, 5 as a contractor). I was protected under a Status of Forces Agreement (SOFA) which entitled me to certain benefits (PX, Commissary, Legal etx...) Recently some personnel changed out at Contracting Command Korea (CCK) and they have decided to interpret the SOFA differently. So they have decided to pull my SOFA status which in turns means I lose all my SOFA privileges. This could also mean a loss of my job because I may not be able top get the right visa to work in Korea.

This law is supposed to apply to Government Service (GS) employees as well but it does not because they fall under a different office. My question is do I have any legal basis to file a lawsuit against USFK? If not for monetary damages at least to make the SOFA interpreted the same for all employees?

Thanks for the help.

[Peligroso27]

The SOFA is more concerned with the legal issues associated with military individuals and property. This may include issues like entry and exit into the country, tax liabilities, postal services, or employment terms for host-country nationals, but the most contentious issues are civil and criminal jurisdiction over the bases. For civil matters, SOFAs provide for how civil damages caused by the forces will be determined and paid. Criminal issues vary, but the typical provision in U.S. SOFAs is that U.S. courts will have jurisdiction over crimes committed either by a service member against another service member or by a service member as part of his or her military duty, but the host nation retains jurisdiction over other crimes.

You would fall under Article XV of the US-ROK SOFA:
Invited Contractors

1. Persons, including (a) corporations organized under the laws of the United States, (b) their employees who are ordinarily resident in the United States, and (c) the dependents of the foregoing, present in the Republic of Korea solely for the purpose of executing contracts with the United States for the benefit of the United States armed forces or other armed forces in the Republic of Korea under the Unified Command receiving logistical support from the United States armed forces, who are designated by the Government of the United States in accordance with the provisions of paragraph 2 below, shall, except as provided in this Article, be subject to the laws and regulations of the Republic of Korea.

2. The designation referred to in paragraph 1 above shall be made upon consultation with the Government of the Republic of Korea and shall be restricted to cases where open competitive bidding is not practicable due to security considerations, to the technical qualifications of the contractors involved, to the unavailability of materials or services required by the United States standards, or to limitations. of United States law. The designation shall be withdrawn by the Government of the United States:

(a) upon completion of contracts with the United States armed forces or other armed forces in the Republic of Korea under the Unified Command receiving logistical support .from the United States armed forces:

(b) upon proof that such persons are engaged in business activities in the Republic of Korea other than those pertaining to the United States armed forces or other armed forces in the Republic of Korea under the Unified Command receiving logistical support from the United States armed forces;

(c) upon proof that such persons are engaged in practices illegal in the Republic of Korea.

I don't see anywhere that explains you have PX privileges. That is generally up to the base commander or PX supervisor. You really have no legal basis to file a lawsuit from what I have read.

[robinkorea]

Thanks for the reply. However, I lost my SOFA status not due to any of the 3 reasons listed in paragraph 2 but due to the fact that somehow my ordinary resident status of the US changed. Basically they are saying that 5 years I should not have been given SOFA status because I was on a student visa for 96 days and they say now that the limit for ordinarily residence test is 90 days. They also pulled it for my coworkers-one of which has had SOFA status for 10 years. This doesn't only apply to PX and Commissary privileges but for example I have to sell my car within 90 days or pay $30,000 worth of taxes and fees on it among other things.

I don't really care about PX or Commissary privileges (although it is interesting if the bombs ever start dropping over here I'll be wrapped up in it as much as GS employees or Soldiers), what I do care about is the fact that I could lose my job over this and the fact that somehow this doesn't apply to local hire GS employees some of whom were on the same Visa as I was.

-Rob

[sukhoi37]

I find it interesitng that USFK considers someone not to be oridinarly resident in the Us based on being outside the US for more than 90 days, even if on a tourist visa. If it is possible to enter Korea on a tourist visa and exend the stay up to six months, it seems to me that someone should be considered "ordinarily resident" in the US even if absent from the US (or in Korea) on a non-resident visa for up to 6 months, absent some action to establish residency outside the US, such as buying a house, obtaining a work or residence visa, etc. It may be no coincidence that for purposes of tax residency in a country, the usual test is 183 days presence in the country - i.e., six months.

[jameson66]

I am in a similar position, however I am job hunting and heard this at the job fair at Yongsan last Friday. I just finished reading the SOFA and USFK 700-19. I would like to see where they are coming up with this 90 day rule in USFK 700-19.

[Contractor Quo]

I am in the same situation, as are dozens of others.
In my case, I had a GS position, which gave the SOFA entitlement, and then went into contracting. My case is for review, as they say I made multiple trips in and out of Korea, and then took a contracting job. This is false. I did make 2 trips to Korea before accepting the job. On the second trip I applied for and was accepted as long as I completed an IT course. Which I did. I had a C-3 Visa before the A-3 Visa that came with the GS position.
They have the whole game in their court and are doing as they please.
The problem is that there are no definitions to argue against. The term "ordinarily resident" is open to interpretation by the Contracting Office. According to the State Department and US Embassy definitions, I have always been "Not Ordinarily Resident". It seems the definitions from those offices do not apply.
I have been approved by the US Government and Korean Immigration every year until now.
My paperwork which entitles me to vehicle registration, commissary and PX privileges, and most importantly, primary education for my child expire in 7 days, Dec 31, 2008.
There has been no word on what will be done. If I loose SOFA, my life goes completely upside down. Everything as I know it comes to a halt. The company now says they will not get involved. They state it is a matter between the individual and the "folks over there". The contract states the requirement to make sure workers papers are in order belongs to the Contractor. The "Contractor" being the company, not the individual.
I have been in Korea 14 years. I have paid for my child’s tuition to DODDS primary education mostly out of my own pocket. That’s 20k a year. I have vehicles, a full household of goods, and a great job that I have spent the last decade becoming a Technical Expert in my field.
14 years. Approved every year. Now this.