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to discharge the victim, which violates the latter’s right to pursue happiness and freedom to perform a vocation, be repealed and the right of the victim be restored. 91 Key NHRCK Activities notified the petitioner in advance, so the removal of the door lock cannot be seen as a lawful act

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