On Jan. 11, 2001, the U.S. and South Korean governments issued this joint Statement of Mutual Understandings in conjunction with the issuance of separate reports on the two governments' investigations of allegations of a large-scale killing of South Korean refugees by the U.S. military at No Gun Ri, South Korea, in late July 1950, early in the Korean War. ---

Statement of Mutual Understandings Between the United States and the Republic of Korea on the No Gun Ri Investigations January 2001

Statement of Mutual Understanding on the No Gun Ri Investigations

1. Review Process

1.a. The No Gun Ri Incident Review was initiated at the direction of the presidents of the Republic of Korea and the United States following the release of the Associated Press report concerning the matter on September 29, 1999. This story brought to the forefront the earlier efforts of Korean citizens to gain an inquiry into their claims surrounding certain events that occurred in the vicinity of No Gun Ri, including the firing upon Korean refugees at the double railroad overpass and an air strike on the railroad track.

Statement of Mutual Understanding on the No Gun Ri Investigations

1.b. The efforts of the Korean and U.S. No Gun Ri Review Teams exemplify the highest levels of ROK-U.S. bilateral cooperation. Throughout the duration of this important and sensitive endeavor, both teams established and steadfastly sustained an environment of mutual cooperation and trust. The Korean and American Officials associated with this effort consistently demonstrated their commitment to examine the facts and circumstances surrounding the events. Both teams have candidly shared facts, statements and documents.

Statement of Mutual Understanding on the No Gun Ri Investigations

1.c. The passage of 50 years reduces the possibility that all of the facts will ever be known and a large number of factors, including but not limited to trauma, age, and media influence the recollection of Korean and U.S. witnesses.

1.d. Nevertheless, this process will add to a strengthened ROK-U.S. alliance and honor the many of both nations who sacrificed so much for the freedom of the Republic of Korea. Civilian casualties are, without exception, the most tragic of the unintended consequences of conflict. South Korean citizens and soldiers of both nations bore heavy burdens in the summer months of 1950 as a result of North Korean aggression. This review process, characterized by diligent fact-finding, will provide closure for the past and bring hope for the future.

2. ROK-U.S. Mutual Understandings

2.a. Background of the Incident and Combat Situation.

2.a.(1) In the early period of the conflict, many of the U.S. soldiers deployed to Korea were young, under-trained, under-equipped and new to combat. Units operating in the vicinity of No Gun Ri were under the command and control of leaders with limited proven experience in combat. They were unprepared for the weapons and tactics of the North Korea forces that they would face and the speed of the North Korean advance.

2.a.(2) U.S. soldiers were legitimately fearful of the possible infiltration of North Korean soldiers who routinely entered American lines in groups disguised as civilians in refugee columns and then attacked American positions from the rear.

2.a.(3) Following the withdrawal of U.S. forces, and entry of the North Korean army into Yongdong, the North Koreans continued to maintain contact with the U.S. ground forces east of Yongdong by means of intermittent patrols and indirect fire as the 1st Cavalry Division continued its rearward movement to Naktong River.

2.a.(4) North Korean tanks were on what is now Highway 4 east of Yongdong during the last week of July 1950. U.S. soldiers believed that some of the U.S. anti-tank weaponry available to them was ineffective against the North Korean armor.

2.a.(5) The 2nd Battalion, 7th Cavalry Regiment, shortly after arriving in the Yongdong area, conducted a disorganized and undisciplined retreat toward the vicinity of No Gun Ri during the night of July 25/26 1950. The retreat occurred as a result of several factors including: a mistaken belief of an imminent enemy breakthrough due to the emergence of the enemy, the possibility of encountering North Korean tanks, and the awareness of North Korean infiltration tactics. The organization, disoriented and in disarray, reorganized in the vicinity of No Gun Ri throughout the day on the 26th. The unit completed its consolidation and reorganization in the vicinity of No Gun Ri by the early morning of the 27th of July, when it reported its position.

2.b. Refugee Control

2.b.(1) At the outset of the war, the lack of ROK government refugee control measures resulted in significant confusion and difficulties in controlling refugee movement.