Fighting for Eternal Peace
A group of Korean veterans is suing a cemetery in the outskirts of Los Angeles for fraud, misrepresentation.
In the grassy area, Kunsup Chang, 82, saw more than a final resting place — he saw eternal glory and happiness. A former air force major in his native land during the Korean War, Chang immigrated in 1970 to the United States in search of a better life. Then as the saying goes, life happened. His family thrived and he became a U.S. citizen, but thoughts about the future continued to cloud his mind.
Where would he rest in his adopted land?
Hope broke through one day in 2001 when Chang and a group of Korean veterans were bused to Oakdale Memorial Park in Glendora, Calif. On the pastoral grounds, they were promised a one-of-a-kind Korean War veterans’ memorial. This was where he would be buried among other veterans, promised the cemetery salesperson in Chang’s native language of Korean. In-language brochures with color sketches of the memorial were pushed in their hands.
But five years later, not one stone has been moved to build the memorial and the elderly veterans who bought plots but could not wait for what was promised to them, are buried in scattered parts of the cemetery. When questioned about the memorial, an Oakdale employee said they were temporary resting places for the veterans while the memorial was being built, said Chang through a translator.
In early January, Chang along with 16 other Korean veterans who bought plots sued the cemetery for fraud, false advertising and misrepresentation.
“We wanted to be buried together as veterans,” Chang said slowly rubbing his hands together. He signed the English-only contract to buy two plots for $3,500. “At the time we just trusted everything that [Oakdale] was telling us.”
The veterans were told that 200 plots needed to be sold in order to build the memorial, so Chang bought two more plots to help fulfill the quota. He paid installments for two years before stopping payment.
Julie Su of the Asian Pacific American Legal Center (APALC) who filed the suit on behalf of the veterans said the cemetery took advantage of the elderly and monolingual by making them buy plots that they never intended to create. Oakdale advertised the memorial in local Korean language newspapers and even gave group tours on several Memorial Day ceremonies to promote the location, she said.
Fraud cases involving companies that take advantage of immigrants with limited English skills are common, said Su. In 2002, APALC filed a lawsuit on behalf of Chinese consumers who accused Alhambra, Calif.-based Wondries Toyota of promising deals in Chinese different from what was written in the English language contract. The dealership settled, but the case prompted the passage of the Consumer Protection for New Californians bill requiring some businesses to provide in-language contracts.
“I am shocked that this happened to Korean veterans,” said Calif. Assemblywoman Judy Chu, who sponsored the bill. “They expected to be treated with respect. It is only fair that if these businesses make money off of immigrants, they need to provide contracts that they are signing in the language they speak.”
The new law, however, does not extend to the funeral industry and cases like the Korean veterans are extremely common irregardless of language, said Kevin Flanagan, spokesperson for California Cemetery and Funeral Bureau, which is also looking into the case. He calls it a “textbook case” for complaints about needs that were promised, but did not appear in the contract.
“It’s a case where even when someone says you’re going to get this, and this. Don’t worry about it. No. Worry about it,” said Flanagan.
For the veterans, it was Jin Heung Kim, an Oakdale employee named in the suit, who visited local senior citizen centers to urge the veterans to quickly purchase the plots and not be left out. Now there are nearly 800 plots purchased by the veterans.
A spokesperson from Service Corp. International, the parent company of Oakdale Memorial, said they are working with the plaintiffs to try to come up with a fair resolution, but declined to comment on the progress of the veteran’s memorial.
Former soldiers like Young Soon Ahn, 77, who are separated from their native country want to be remembered for their sacrifices. He bought two plots in 2002 — one for himself and one for his wife.
“In my mind, I thought there is a cemetery for veterans in Korea. It’s this very great place and all the veterans are buried together and it’s where the kids can go see their dads there and be very proud of their dad’s military service. And when I heard that there was going to be one here, it made me really happy. There’s nothing that can make me happier,” said Ahn through a translator.
The former infantry battalion colonel thought his combat days were behind him, but now he is embroiled in a legal battle in the twilight of his life.
“I bought these plots trusting what they told me I was buying into. Of course I want to fight for these plots and I can always give them to my kids. I don’t have to keep them for myself. I really want to reveal the truth of what happened here,” he added.
The veterans’ attorneys want to make example of Oakdale and send a message that it is not okay to take advantage of helpless immigrants. But for now, Ahn can only hope and wait. Recently, the retired acupuncturist visited some gravesites at Oakdale and was reminded of an old saying.
“There’s an old saying that if the burial plot is in a good place, then the family will be happy. The future generation will be well taken care of. It made me really angry and it made me think that I had to address this issue.”
Ahn’s children have had to prepare another plot just in case the legal battle drags on too long.
“I just learned that I have to be really careful and vigilant when someone tries to sell me something,” he said.
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