Key NHRCK Activities
■ Unjustified forceful opening of property door by court sheriff
Based on the conclusion that it is a violation of freedom of residence for a court sheriff to
remove the door lock from a property that is subject to collection and attach a reminder letter
without giving prior notice to the debtor, the Commission on June 26 recommended the chief
judge of the district court involved to properly train the staff, and the Minister of the National
Court Administration to find ways to correct the practice of a forceful opening of a residential
property to remind debtors of the execution of judgments.
The Commission determined that the intent of Article 5 (1) of the Civil Execution Act is to allow
the use of legal force to open locked doors or apparatuses and search collectible objects hidden by
debtors, but the provision cannot be construed as being applicable to reminders of pending real
Also, according to this provision, a sheriff must first urge the debtor to open up, and force should
Part 2
estate transfers.
only be used if the debtor fails to comply with the request to open. In this case, the sheriff had not
even under the said provision.
The Commission also determined that, given the lack of regulations pertaining to how
execution of real estate transfers are to be reminded of, a less intrusive measures should have been
considered, such as calling the debtor in case he/she is not at home or sending a reminder letter by
postal mail.
B. The Military
■ Unjustified decision to discharge a sergeant who underwent transgender surgery
while in active duty
On December 14, the Commission made recommendations to the Minister of National Defense
that the relevant rules and regulations be revised so that soldiers who undergo a transgender
surgery while in active duty are not excluded from service, and recommendations to the Army
Chief of Staff that the decision to discharge the victim, which violates the latter’s right to pursue
happiness and freedom to perform a vocation, be repealed and the right of the victim be restored.
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Key NHRCK
Activities
notified the petitioner in advance, so the removal of the door lock cannot be seen as a lawful act