Annual Report 2013 R. Recommendation on Improving the Institution of Disciplinary Detention in Military Jail According to the 2006 revision of the Military Personnel Management Act, the requirements and procedure of the action for detention in military jail were improved. Since then, however, it has been frequently pointed out that treatment for disciplinary detention and unconvicted detention is almost the same, and that there are, accordingly, concerns over human rights violations. In response, the NHRCK reviewed possible alternatives for improvement. Disciplinary detention in the military means accommodation of those soldiers who receive administrative punishment in the jail which is for the custody of the unconvicted. For this reason, it has been pointed out that disciplinary detention is against the principle of due process of law and warrant principle. The Ministry of National Defense, in response, revised the Military Personnel Management Act to make the following improvements in disciplinary detention requirements and procedure: improving the clarity of reasons for disciplinary actions; making sure that the doctrine of exhaustion of administrative remedies to promote the prevention of misuse of disciplinary detention in military jail; establishing the legality review process by the military judicial officer; establishing a mandatory system for the family members of the soldier subject disciplinary detention in military jail to be informed of such a fact; guaranteeing the right of statement of the soldier subject to disciplinary action during the disciplinary procedure; and granting a stay of execution when an appeal is filed against the disciplinary action 56 ▪▪▪ Part II. Major Activities of the Commission

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