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); 6 / 12

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