Page:United States Statutes at Large Volume 62 Part 3.djvu/1197

 3818 Interim duties of Commanding Gen- eral, United States Army Forces in Korea. Transfer of respon- sibility. Control of Korean Security Forces. INTERNATIONAL AGREEMENTS OTHER THAN TREATIES [62 STAT. Whereas, Article 61 of the Constitution of the Republic of Korea provides that the President of the Republic of Korea shall be the Commander-in-Chief of the National Military Forces and that the organization and formation of the military forces shall be determined in accordance with law; Therefore, the President of the Republic of Korea in his dual capac- ity of Chief Executive of the Republic of Korea and Commander-in- Chief of the National Military Forces and the Commanding General, United States Army Forces in Korea, agree upon the following mili- tary and security measures to be effective until the completion of the withdrawal of United States forces from Korea; ARTICLE I The Commanding General, United States Army Forces in Korea, agrees that, pursuant to directives from his government and within his capabilities, he will continue to organize, train and equip the Security forces of the Republic of Korea now in being, provided that his obligation shall cease upon the completion of withdrawal from Korea of forces under his command. ARTICLE II The Commanding General, United States Army Forces in Korea, agrees to transfer to the Government of the Republic of Korea pro- gressively, and as rapidly as he deems compatible with common se- curity, responsibility for the direction of the Security Forces of the Republic of Korea, consisting of all Police, Coast Guard and Con- stabulary units now in being, and the President of the Republic of Korea agrees to accept progressively, for the Government of the Republic of Korea, responsibility for the direction of these forces. It is further agreed that the Commanding General, United States Army Forces in Korea, shall retain until completion of withdrawal of United States Army Forces as contemplated in par 4 (c) of Resolution No. II passed by the United Nations General Assembly 14 November 1948 ['] (which reads as follows: "(c) arrange with the occupying powers for the complete withdrawal from Korea of their armed forces as early as practicable and if possible within 90 days".) the authority to exercise such over-all operational control of Security Forces of the Republic of Korea (including the Constabulary and Coast Guard and such National Police detachments as may be stationed in critical areas) as he deems necessary in the interests of common security, or to facilitate the organization, training and equipping of the Security Forces of the Republic of Korea. The provisions of this article shall not interfere with the sovereign rights of the Government of the Republic of Korea in the administration of the Korean Security Forces, the screening of their personnel to eliminate enemies of the The resolution mentioned, No. 112 (II), was passed Nov. 14, 1947 (United Nations, Official Records of the Second Session of the General Assembly: Resolutions, 16 September-S9 November 1947, p. 18 . Lake Success, 1948. U. N. doe. A/519).

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