Human rights in the armed forces
28.
Several government bodies, including the Ministry of National Defence, have made various
efforts to improve human rights conditions in the armed forces for the past years, but human rights
infringements still take place in the armed forces, as seen in the death of a soldier who suffered sexual
assaults and abusive treatment in 2014. After the NHRCK’s recommendation of 2014, the Framework
Act on Military Status and Service was formulated in December 2015.26 However, reports are still
made about the cases of linguistic violence, abusive treatment, infringements on the rights to health
and health care and infringements on the right to life (including suicide) in the armed forces. As in
March 2017, the bill on the establishment of a Military Ombudsman within the NHRCK is pending
before the National Assembly.
29.
Recommendation: Despite a considerable progress in human rights conditions in the armed
forces, human rights infringements are frequently committed against the soldiers who find it difficult
to adapt themselves to military life. It is necessary to establish a Military Ombudsman within the
NHRCK at the earliest possible time, as a fundamental protection of human rights in the armed forces.
Business and human rights
30.
In 2016, the NHRCK recommended the Government to establish a separate NAP on the
Business and Human Rights, in addition to the general NAP. In the meantime, the Working Group on
the Issue of Human Rights and Transnational Corporations and Other Business Enterprises, in its
report of theofficial visit to the ROK published on 1 June 2016, observed that the Government should
ensure that human rights due diligence in the UN Guiding Principles on Business and Human Rights
is reflected in the investment activities by the National Pension and the execution of the Economic
Development Cooperation Fund by the Export-Import Bank of Korea. It also proposed that an
advisory group consisting of various stakeholders should be formed within the OECD National
Contact Point (NCP) in the ROK.
31.
Recommendation: Establish a separate NAP on Business and Human Rights and take
actions to strengthen the role of the NCP.
1
a.
b.
c.
d.
Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OPCESCR);
Second Optional Protocol to the International Covenant on Civil and Political Rights (OP2ICCPR) aiming at the abolition of the death penalty;
Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading
Treatment or Punishment (OP-CAT);
Optional Protocol to the Convention on the Rights of the Child on a communications procedure
(OP3-CRC);
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