by military officers on junior leadership positions tend to outnumber suicides by soldiers of
other ranks.52 Considering such a high rate of suicides in the military, efforts to prevent
suicides need to continue robustly while noting the Ministry of National Defense and the
military have contributed to creating a culture that respects life in the armed forces by
increasing the number of counselors, expanding military mental health centers, and operating
suicide prevention programs.
54. Proposed recommendation: In order to address the high suicide rate among the elderly,
the State party should adopt effective suicide prevention measures through social discussion
bodies, considering the overall status of the elderly, such as poverty, health and care, longterm care, and palliative care.53 In addition, the State party should reinforce policies and
systems for expanding mental health services and accessibility to youth groups with a view to
preventing youth suicides.54
55. Proposed recommendation: The State party should intensify its efforts to prevent
suicides in the military, including identifying the fundamental and structural causes of
suicides and running effective prevention programs accordingly.55
Issue 12. Torture and Ill-treatment
56. According to the 5th periodic report, the Government takes the stance that all forms of
torture are punishable under existing laws such as Article 124 (Unlawful Arrest and
Confinement) and Article 125 (Violence and Cruel Act) of the Criminal Act; and Article 4-2
(Aggravated Punishment of Arrest, Confinement, etc.) of the Act on the Aggravated
Punishment of Specific Crimes. However, since many cases of State violence and torture in
Korean history have only come to light long after the incidents, it is difficult to apply the
general criminal procedures for punishment and damage compensation as described above to
such cases, particularly due to obstacles like statutes of limitations and burden of proof.
57. In 2005, the NHRCK expressed an opinion calling for a special law to remove or exclude
statutes of limitations for State crimes against human rights.56 In a similar vein, several
legislative bills were submitted to the National Assembly to abolish statutes of limitations for
State violence, waive the extinctive prescription in compensation claims by a victim, and
provide compensation and support for victims. Nonetheless, very few have led to legislation.
58. In 2006, the NHRCK presented its opinion to the Government calling for the ratification
of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (OPCAT), but no changes have been made thus far.
59. Proposed recommendation: The State party should ratify the OPCAT.57
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