saying that if the reasons of not-to-refer decision are minimized to non-compliance with formal requirements,
the Ministry is concerned that those who find it difficult to enter this country in a lawful manner might take
advantage of refugee status application scheme and, as a result, current national border security system could
collapse.
26
On 5 November 2014, the NHRCK recommended the Minister of National Defence:
a.
b.
to seek to legislate a law on human rights in the armed forces;
to work out effective measures to prevent human rights infringements, including beating and
other abusive acts;
c. to draw up the measures to enhance human rights sensitivity, including the designation of
human rights education in the armed forces as a controlled subject;
d. to upgrade and enforce the law and regulations concerning the grievance-handling system;
e. to expand the institutional framework for officers' and soldiers' participation in the operation of
military camp life and improve human rights conditions of junior officers; and
f. to guarantee external experts' participation in the process of military unit assessment.
Although the Ministry of National Defence was passive in implementing these recommendations, the
Framework Act on Military Status and Service was formulated on 9 December 2015 and came into force in June
2016, largely thanks to the endeavours from the National Assembly. This Act provides that the Military
Ombudsman may be appointed under a separate law, and a relevant bill (concerning the establishment of the
Military Ombudsman within the NHRCK) is currently pending before the National Assembly.
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