Research Report
Ⅰ. Backgrounds and Purposes
▶ Legislative Measures for Resolving Human Rights Problems under the Legislation of Military Service Act
○ Legislation of Human Rights protection in the Army
- Legislative obligations such as suggestions, complaints, and placement of professional counselors for the relief of military human rights violations
- It imposes the legislative obligation to enact other laws while mandating the creation of a “military human rights inspector”.
▶ Continuation of the non-compliance status of subsequent legislative measures
○ Legislation related to ‘military human rights officer’ is not enacted even after enactment of law
- Although the legislation should be made before the enactment of the Basic Law and the institutional basis for the military human rights remedy should be established, the National Assembly itself does not fulfill the legislative duties assigned to the National Assembly.
○ Efforts to resolve legislative omission
- Currently, legislative proposals have been filed on the establishment of the ‘Military Human Rights Protection Officer’ system of the National Assembly and the establishment of the ‘Military Human Rights Protection Officer’ system of the National Human Rights Commission.
- A plan to establish a ‘military human rights protection’ system belonging to the Ministry of National Defense is also proposed as a legislation bill.
- Review each legislation and make it necessary to fulfill legislative obligations
▶ Need to review measures to establish‘military human rights officer’system
○ Present alternative legislation through comparison of current legislative proposals
- Suggest alternative legislation using legislative assessment methodology
- Review adequacy of legislative alternatives with an alternative method of comparison
- Review legislative alternatives by reviewing comparative legal methods
Ⅱ. Major Content
▶ Necessity of legislative evaluation
○ Legal Discussion Status
- Background and Legislative Review of the Basic Law of Military Service
○ Analysis of main contents of Basic Law
▶ Institutional review of military human rights officers
○ General review of the Ombudsman
- A brief overview of the Ombudsman system currently being discussed at home and abroad
○ Discussions on the introduction of military human rights officers
- Review the present status and major issues of introducing the system before and after enactment of the Basic Law
▶ Legislative assessment
○ Evaluation on Institutionalization Measures
- Evaluation according to organization
ㆍAnalysis of strengths and weaknesses of national organizations such as National Assembly, National Human Rights Commission, National Interest Commission, Ministry of National Defense
ㆍAnalysis of strengths and weaknesses about separate independent organization
- Evaluation by authority
ㆍEvaluation according to contents of job
ㆍEvaluation according to the post-measure
○ Comparative Institutional Evaluation
- UK Military Human Rights Ombudsman Islands
- German Military Ombudsman Islands
- US judicial military human rights protection system
▶ Suggest alternative legislation
○ Necessity and Purpose of Legislation
○ General Provisions
- Exclamation
- Definitions
- Other relevant regulations
○ Installation and Authority of the Organization
- Installation regulations
- Business and procedural regulations
○ right to remedies
Ⅲ. Expected Effects
○ Use as basic data on military human rights protection and relief through analysis of basic law of military service
○ Use as basic data on legislation for military human rights protection legislation
○ Can be used as basic data for military human rights protection