CAT/C/KOR/CO/3-5 (c) Ensure effective legal safeguards for persons hospitalized involuntarily in psychiatric institutions, including the rights to effective appeal and to be heard in person by the judge, the judicial tribunal or the board ordering the hospitalization; (d) Ensure that the court always seeks the opinion of a psychiatrist who is not attached to the psychiatric institution admitting the patient and that any involuntary hospitalization in psychiatric institutions is monitored by an outside body that is independent of the health authorities and that is mandated to carry out such monitoring; (e) Establish an independent complaints mechanism and counsel in psychiatric institutions, effectively and impartially investigate all complaints of violations of the Convention, bring those responsible to justice and provide redress to victims. Corporal punishment against children 33. The Committee is concerned that corporal punishment of children remains permitted in the home, in schools and in alternative care and day-care settings, in particular in orphanages and child welfare facilities, especially outside the capital city (arts. 2, 4 and 16). 34. The State party should amend and enact legislation so as to explicitly and clearly prohibit corporal punishment in all settings, including orphanages and child welfare facilities, in all parts of the country, and take the measures necessary to prevent such punishment. Abuses in the military 35. The Committee is concerned at reports of a large number of cases of violence and abuse, including sexual, physical and verbal abuse, in the military, which has sometimes resulted in deaths. It is also concerned at the small number of such cases that have resulted in indictments. In addition, the Committee is concerned about the use of “guardhouse detention” as a disciplinary measure, by which a soldier can be detained for 15 days without a warrant, based only on the decision of the commanding officer. It is also concerned about repeated crackdowns on gay soldiers on the grounds that they have violated article 92-6 of the Military Criminal Act, which criminalizes consensual sexual relations between same-sex adults (arts. 2, 4, 11-14 and 16). 36. The State party should: (a) Reinforce measures to prohibit and eliminate violence and abuse, including sexual, physical and verbal abuse, in the military and ensure the prompt, impartial and thorough investigation of all allegations of abuse and deaths in the military in order to demonstrate zero tolerance for ill-treatment and torture of military personnel; (b) Establish the office of military ombudsman as an independent entity to monitor military units and conduct investigations into allegations of abuse and violence in the military; (c) Promptly investigate all cases of death in the military and establish the liability of direct perpetrators and those in the chain of command, prosecute and punish those responsible with penalties that are consistent with the gravity of the act committed and make the results of such investigations public; (d) Ensure the independence of military judicial officers engaged in the promotion and protection of human rights; (e) Put an end to the “guardhouse detention” of soldiers, without a warrant and without judicial review; (f) Consider repealing article 92-6 of the Military Criminal Act and take all measures necessary to punish violent actions against lesbian, gay, bisexual, transgender and intersex persons in the military; 9