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Laws of the Republic of Korea |
Act on Execution of the Sentence and Treatment of Prisoners
Paragraph 1 General Provision
Article 1 (Purpose)The purpose of this Act is to seek convicted prisoners to be edified and reformed to be rehabilitated, and define the matters concerning the treatment and rights of convicted prisoners and operation of the Correctional Institution.
Article 2 (Definitions)The definitions of terms used in this Act shall be as follows.
1. The term "convicted prisoners" means persons who were sentenced to imprisonment with prison labor, imprisonment without prison labor, or penal detention. The respective sentence of which has been irrevocably finalized and persons on whom the court passed a sentence of detention in a workhouse for his/her default of the payment of fine;
2. The term "unconvicted prisoners" means criminal suspects or defendants upon whom a warrant of detention was served;
3. The term "persons finalized for the death sentence" means persons who are convicted of crime for dead penalty and the death sentence finalized.
4. The term "prisoners" means both convicted prisoners, un-convicted prisoners, person with the final death sentence, and other persons confined to correctional institutions, detention houses, and their branches (hereinafter collectively referred to as the "correctional institutions") in accordance with the laws and legitimate procedure. Article 3 (Scope of Application) This Act shall be applicable to the spaces required for control of the correctional officers, such as, the correctional institution and other places to confine the prisoners by the correctional officers.
Article 4 (Respect for Human Rights) The human rights of convicted prisoners shall, in the enforcement of this Act, be respected to the - 2 -
utmost.
Article 5 (Prohibition of Discrimination)The convicted prisoners shall not be discriminated on account of their sex, religion, disability, age, social status, place of birth, place of nationality, race, appearance and other physical condition, medical history, marital status, political opinion and gender orientation and others without reasonable cause. Article 6 (Size and Facilities of Correctional Institution) The newly established correctional institution shall be the size to confine around 500 prisoners. Provided, the size may be enlarged in consideration of the function, location or other situation of the correctional institution. Living space, workplace or reception room of the correctional institution or other facilities for confined living shall be established to fit to the purpose and functions. In particular, the living space has to be equipped with appropriate level of space and the facilities for lighting, ventilation and heating for prisoners to live in good health. Article 7 (Private Consignment of Establishment and Operation of Correctional Institution) The Minister of Justice may consign some of the affairs of establishment and operation of the correctional institution to a legal entity or individual.
Qualification of a legal entity or individual, facilities standard of correctional institution, selection criteria of subject confined prisoners, criteria of standard for prisoners, consignment procedure, supervision of state and other matters to have the consignment in accordance with Paragraph 1 shall separately set forth under laws. Article 8 (Circuit Inspection on Correctional Institution) The Minister of Justice may conduct a circuit inspection on the correctional institutions or have a public official under his/her control conduct the said inspection once or more a year in order to determine the operation of the correctional institutions, service of correctional officer and security guards, treatment and the status of the prisoners. Article 9 (Inspection and Observation of Correctional Institution) A judge or a public prosecutor may, if needed, inspect the correctional institutions.
Any person other than the judge or prosecutor under Paragraph (2) - 3 -
shall, in case where he/she intends to visit correctional institutions, etc. for academic research or other justifiable grounds, obtain permission from the head of correctional institutions, etc. (hereinafter referred to as a "warden"), with specifying the relevant reasons. Article 10 (Duties of correctional officer) A separate Act shall define the duties of correctional officer other than the mattes defined under this Act.
PARAGRAPH II TREATMENT OF CONVICTED PRISONERS
CHAPTER I CONFINEMENT
Article 11 (Separate Confinement) The prisoner shall be classified and confined as follows.
1. Convicted prisoners in excess of 19 years of age : Correctional Institutions
2. Convicted prisoners of less than 19 years of age : Juvenile Correctional Institutions
3. Unconvicted prisoners : Detention houses
4. The prisoner in death row : Correctional Institution or Detention house. In this case, the detailed classification standard shall be determined under the Decree of the Ministry of Justice. The branches of correctional institutions and detention houses shall confine the prisoners, corresponding to the correction institutions and detention houses.
Article 12 (Exceptions to Separate Confinement) In the event that there is any applicable cause of the following, the correctional institution may confine unconvicted prisoners.
1. When there are no detention houses in the court of jurisdiction and the location of the prosecutor's office;
2. When the confined prisoners in the detention houses is over the full capacity to make normal operation difficult; or
3. When it is required or having other special situation to prevent the destruction of criminal evidence.
In the event that there is any need or other special situation for - 4 -
work, such as, cooking and others, the convicted prisoners may be confined in the detention house.
In the event that a convicted prisoner who has become 19 years of age while in confinement in the juvenile Correctional Institutions, if it is recognized as needed in particular for implementing education and edifying program, work, occupational training and others, until he/she becomes 23 years of age.
The warden may keep confining a convicted prisoner who is to be transferred to another correctional institution pursuant to the provisions of Article 11, within the period of up to 6 months for special circumstances.
Article 13 (Separation of Confinement) Men and women shall be confined separately.
In the event of confining convicted prisoner, unconvicted prisoner, convicted prisoner of 19 years or older, and convicted prisoner of less than 19 years of age together at the correctional institution, they are separated and confined pursuant to Article 12.
Article 14 (Solitary Confinement) A prisoner shall be placed in solitary confinement: Provided, that if necessary, he/she may be placed in mixed confinement if any applicable cause.
1. When the conditions of facilities, such as a lack of a reading room, are insufficient;
2. When it is necessary for the protection of life or body and emotional stability of prisoner; or
3. When it is needed for the edification or sound social return of a convicted prisoner
Article 15 (Designation of Confined Living Room)In the event that the warden designates the living room of prisoner, criminal name, term of sentence, criminal nature, criminal history, age, experience, and attitude of confined life and other personal trait of prisoner shall be considered. Article 16 (Confinement of Newcomer, etc.) The warden shall confine a person newly entering correctional institutions, etc. (hereinafter referred to as a "newcomer") from court, prosecutor's office, police station and others after a written direction for sentence - 5 -
execution, a written judgment, and other lawful documents are examined.
The warden shall have a medical examination conducted, without delay, on a newcomer.
Article 17 (Matters of Notification) The warden shall notify a newcomer and the person transferred from other correctional institution with the following matters verbally or in writing.
1. Date from which the prison term is reckoned, and the date on which it expires;
2. Matters concerning reception, letter and other matters on rights of prisoner
3. Matters on request, petition following the National Human Rights Commission Act, and other remedies of rights: and
4. Matters on discipline, punishment and other obligations of prisoner
5. Other basic matters required for the living under confinement. Article 18 (Refusal of Confinement) The warden may refuse the confinement of a person with a disease which is likely to be contagious to other persons.
Once the warden refuses to confine pursuant to the provisions of Paragraph 1, the cause shall be notified to the commanding institution for confinement and head of health office with the jurisdiction immediately and reported to the Minister of Justice. Article 19 (Photographing, etc.) Upon arrival of a newcomer or other transferred person from other correctional institution, the warden shall have his/her photo and fingerprints taken, designate his/her prisoner number and take other measures as prescribed by Presidential Decree, within such limits as are necessary for distinguishing him/her from other prisoners.
The warden may take the measures as referred to in Paragraph (1) with regard to the prisoner under confinement, in case where deemed necessary for the purpose of confinement.
Article 20 (Transfer of Prisoners)
The relevant warden may, in case where deemed necessary for confinement, work, edification and other treatments of prisoners, - 6 -
transfer a prisoner to another correctional institutions, etc. by obtaining approval of the Minister of Justice.
The Minister of Justice may delegate the authority on transfer approval under Paragraph 1 to a head of regional corrections headquarters in accordance with the set forth under the Presidential Decree.
Article 21 (Notice to Family for the Fact of Confinement) The warden shall notify the family (it means the spouse, direct family member or brother or sister, hereinafter the same) of a prisoner if there is any newcomer or anyone transferred from other Correctional Institution immediately. Provided, it shall not be the case if the prisoner does not want the notice.
CHAPTER II SUPPLY OF GOODS
Article 22 (Supply of Clothes and Bed Linen and Etc.) The warden shall supply appropriate clothes, bed linen and other living goods for maintaining the health of the prisoner.
Matters required on the supply criteria and others for clothes, bed linen and other living goods shall be determined by the Decree of the Ministry of Justice.
Article 23 (Supply of Food) The warden shall consider the health condition, age, type of work imposed, and other personal trait and supply the necessary food to maintain health and physical strength of the prisoner.
Matters necessary on supply criteria of food shall be determined by the Decree of the Ministry of Justice.
Article 24 (Individual Purchase of Goods) With the permission of the warden, prisoners may purchase food, clothes, bed linen and other goods necessary for the confinement life with its own cost. Matters necessary on the range of permission for personal purchase of goods and others shall be determined by the Decree of the Ministry of Justice.
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CHAPTER III MANAGEMENT OF PROVISIONAL HOLDING
Article 25 (Provisional Holding of Money and Valuables on Hand) The warden shall provisionally hold money and other valuables carried with a prisoner himself at the correctional institutions. Provided, in the event that the portable goods is any of the following, it may be sent to a person that prisoner designated or dispose in appropriate method.
1. One concerned with perishable
2. One that is inappropriate to keep when considering the kind, size or others of goods
3. One that is concerned of bringing harm to life or body of a person
4. One that may interfere with safety or order of the facilities
5. Others that have no value of provisional holding The Warden may dispose of portable goods as provided in Paragraph (1) if not disposed of by the principal within a considerable period. Article 26 (Possession of Goods by prisoner and etc.) A prisoner may possess letters, books and other goods necessary for the confinement living within the range determined by the Minister of Justice.
The warden may have prisoners send the goods not recognized as specifically needed for the provisional holding in the correctional institution as the goods deviated from the scope of possession under Paragraph 1 to a person that is designated or dispose in an appropriate method.
The warden may dispose of goods as provided in Paragraph (2), if not disposed of by the principal within a considerable period. Article 27 (Delivery of Money and Valuables to Prisoners) The warden shall, if there is any person requesting to deliver money and other valuables to a prisoner, permit it unless there exists any following grounds to deem that such delivery is improper.
1. When there is a concern of harming the edification or sound social return of convicted prisoner; or
2. When there is a concern of harming the safety or order of facilities. The warden shall return money and other valuables forwarded to a prisoner to the sender, if the principal refuses to receive them or it is - 8 -
deemed applicable to the following.
The warden shall, in the case of paragraph (2), notify its claim publicly if the sender or his/her address is unknown; and the relevant money and other valuables shall revert to the National Treasury, if no one requests the delivery thereof at the elapse of six months from the public notice:
The warden shall inform, in the case of taking the action following Paragraph 2 or Paragraph 3, to the prisoner.
Article 28 (Delivery of Remaining Money and Valuables) The warden shall inform the contents and claim procedure to claim money and valuables left by the prisoner who is dead or escaped from the prison to the heir. Provided, the corroded or perishable valuables may be renounced.
The warden shall deliver the dead prisoner's money and other valuables under Paragraph 1 immediately upon request by heir or family. Provided, that if a year elapses without such a request (date of having the cause of request in the case of unable to inform), they shall revert to the National Treasury.
Article 29 (Return of Money and Valuables Provisionally Held) Money and valuables provisionally held for prisoner shall be returned to the principal upon his/her release.
CHAPTER SANITATION AND MEDICAL CARE
Article 30 (Obligation to Take Action on Sanitation and Medical Care)The warden shall take appropriate action for sanitation and medical care required in healthy life of prisoner. Article 31 (Maintenance of Cleanliness) The warden shall maintain all equipment and tools that prisoner uses in clean condition at all times. Article 32 (Obligation to Maintain Clean Condition) A prisoner shall clean his/her body and clothes and shall cooperate in maintaining the cleanliness of living room, workplace and other confinement facilities that he/she uses.
The prisoner shall maintain his/her hair and/or beard in neat status for sanitation.
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Article 33 (Physical Exercise and Bathing)
The warden shall have the prisoners do regular physical exercise and bathing necessary for maintaining the health. The matters necessary for exercise time, frequency of bathing and others shall be determined by the Presidential Decree. Article 34 (Health Examination) The warden shall provide regular health examinations for prisoner.
Matters necessary for frequency of health examinations and others shall be determined by the Presidential Decree.
Article 35 (Action to Prevent Contagious Diseases) The warden shall take measures necessary to prevent contagious diseases from spreading among the prisoners, such as preventive vaccination, separate confinement, transfer or others. Article 36 (Treatment of Injured Person and Etc.) The warden shall provide appropriate treatment for prisoner for injuries or diseases. Article 37 (Treatment at External Hospital)
(1) The warden may allow the relevant prisoner to have the treatment from an external hospital outside correctional institutions (hereinafter referred to as the "external hospital").
(2) The warden may transfer the prisoner to a custody institution for treatment with the approval of the Minister of Justice if recognized as needed for the treatment of mental illness.
(3) Any person transferred under Paragraph 2 shall be treated as an applicable prisoner.
The warden shall notify the fact of treatment from an external hospital or transfer to a custody institution under Paragraph 1 or Paragraph 2 to the family (any designated person by the prisoner if there is no family) immediately. Provided, if the prisoner does not want the notice, it shall not be the case.
In the event that the prisoner requires treatment from an external hospital due to the injury or others from intentional or gross negligence of himself/herself, the warden may require the prisoner to pay all or part of the treatment expenses.
Article 38 (Treatment at his/her Own Expenses)
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The warden may permit for a prisoner who wishes to receive treatment at his/her own expenses from the doctor who works at an external hospital (hereinafter referred to as the "external doctor"), in consideration of the opinion of the doctor working at the correctional institution including the doctor of public health, and hereinafter referred to as the "medical officer of correctional institutions". Article 39 (Examination Environment and Etc.) The correctional institution shall be equipped with the medical personnel and equipment required for the treatment of prisoner.
The warden shall have the examination of psychiatric doctor if there is any prisoner who is suspected of having a mental illness. In the case of examining a prisoner, the external doctor shall comply with the matters determined by the Minister of Justice. Matters required on the standard of the medical facilities for the correctional institution shall be determined by the Decree of the Ministry of Justice.
Article 40 (Medical Measures against the Will of prisoner) The warden shall have the medical officer of correctional institutions provide observation, advise or persuasion if a prisoner refuses to take an examination of consumption of food.
Notwithstanding the measure under Paragraph 1, when it is likely that a prisoner may endanger his/her own life as he/she refuses to receive medical treatments or to take food, the warden may have medical officer of correctional institutions, etc. take measures such as proper medical care or a supply of nutrition.
CHAPTER V INTERVIEWS AND CORRESPONDENCES AND TELEPHONE CALLS Article 41 (Interviews) A prisoner may have an interview with another person, with permission of the warden. Provided, that if there is any cause applicable to the following, it shall not be the case.
1. When there is a concern of committing an act in violation of criminal law;
2. When there is a decision to prohibit interviews under the Criminal Litigation Act or other laws;
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3. When there is a concern of interrupting edification or sound social return of the convicted prisoner; or
4. When there is a concern of interrupting the safety or order of the facilities;
The warden may have the correctional officer listen, record, record or video tape the content of interview of a prisoner if there is any of following causes.
1. When there is a concern of destruction of crime evidence or committing act to violate criminal law;
2. When there is a need of edification or sound social return of the convicted prisoner; or
3. When there is a need for maintaining the safety or order of the facilities.
In the case of recording or video taking pursuant to Paragraph 2, the fact shall be informed to the prisoner and the other party in advance. Matters concerning the frequency, time and place of interview, listening, recording, video taping and other matters relating thereto shall be determined by the Presidential Decree.
Article 42 (Suspension of Interview and Etc.)The correctional officer may suspend the interview in the event that the prisoner in interview or the other party is applicable to any of the following.
1. When the crime evidence is destroyed or attempted to be destroyed
2. When the prohibited goods under Article 92 is exchanged or about to be exchanged
3. When any act of interfering or to be interfered with the criminal laws;
4. When spreading false facts on the treatment of prisoners or operation of the correctional institution;
5. When undertaking or about to undertake any act that may harm the edification or sound social return of a convicted prisoner; or
6. When any act to harm or about to harm the safety or order of the facilities.
Article 43 (Correspondences) A prisoner may correspond with another person. Provided, that if there is any cause applicable to the following, - 12 -
it shall not be the case.
1. When there is a decision of prohibition of exchanging correspondences and seizure thereof under the Criminal Litigation Act or other laws;
2. When there is a concern of harming the edification or sound social return of a convicted prisoner
3. When there is a concern of interrupting the safety or order of facilities
Notwithstanding the main text of Paragraph 1, the permission of the warden shall be obtained to exchange the correspondence between the prisoners of the same correctional institution.
The warden may confirm if there is any prohibited goods under the laws on the correspondences exchanged by the prisoners. The contents of correspondences exchanged by the prisoners shall not be censored. Provided, that if there is any cause applicable to the following, it shall not be the case.
1. When the other party to the correspondence is unavailable to confirm;
2. When there is a decision of monitoring the correspondences following the Criminal Litigation Act and other laws;
3. When there is a substantial cause to be suspicious to have the contents applicable to Paragraph 1, Paragraph 2 or Paragraph 3 or contents in violation of the criminal laws; or
4. When it is the correspondences between the prisoners as determined by the Presidential Decree.
The warden may suspend the forwarding or receiving the correspondences if the correspondence of the prisoner has any goods prohibited by law or the contents of correspondence is applicable to the following as the result of confirmation pursuant to Paragraph 3 or Paragraph 4 or censoring.
1. When it is in special incomprehensive characters, such as, encryption, signal and others
2. When there is a concern of destroying the crime evidence;
3. When there is any content interfering with the criminal laws; - 13 -
4. When containing false fact on the treatment of prisoners or operation of the correctional institution;
5. When there is a concern of interfering with the private life or freedom:
6. When there is a concern of harming the edification or sound social return of a convicted prisoner: or
7. When there is a concern of interfering with the safety or order of facilities.
The warden shall take prompt action in the case of forwarding or distributing the correspondences.
The warden shall provisionally hold the correspondence prohibited from forwarding or receiving in accordance with the proviso of Paragraph 1 or Paragraph 5 after informing the said cause to the prisoner. Provided, it may be renounced if the prisoner agrees. Matters required for the frequency of forwarding, confirmation of contents, censoring procedure of contents and others shall be determined by the Presidential Decree.
Article 44 (Phone Calls) A prisoner may make phone calls to a person outside of the correctional institution with the permission of the warden.
The warden may allow the phone calls under Paragraph 1 with the condition upon hearing or recording the phone call. Article 42 shall be applicable to the phone calls of the prisoner. In the event that the contents of the phone call is to be heard or recorded pursuant to Article 2, the fact shall be informed to the prisoner and the other party in advance.
Matters necessary on the scope of permit of phone calls, hearing and recording of the phone calls and others shall be determined by the Decree of the Ministry of Justice.
CHAPTER VI RELIGION AND CULTURE
Article 45 (Attendance at Religious Event and Etc.) A prisoner may participate in religious ceremony or events implemented within the correctional institution and may have individual religious counseling. - 14 -
A prisoner may possess books and publications or goods needed for his/her religious life.
The warden may limit the matters defined under Paragraph 1 and Paragraph 2 if there is any applicable cause.
1. When it is needed for the edification or sound social return of convicted prisoner; or
2. When needed for maintaining the safety and order of the facilities Matters necessary on type, subject and method of attendance in a religious event, subject and method of religious counseling, range of possession of religious books and goods shall be determined by the Decree of the Ministry of Justice.
Article 46 (Display of Books and Use)The warden shall display books and publications needed for improving knowledge and acquiring culture of prisoners and allow prisoners to use them.
Article 47 (Subscription of Newspapers and Etc.)
A prisoner may, at his/her own expenses, request permission to subscribe to read newspapers, magazines or books (hereinafter referred to as the "newspaper and etc.").
The warden shall permit to subscribe for newspaper and etc. as requested in accordance with Paragraph 1 unless otherwise the harmful publications following the Publication Culture Industry Promotion Act. Range and volume of newspaper and etc. that may be applied for subscription in accordance with Paragraph 1 shall be determined by the Decree of the Ministry of Justice.
Article 48 (Listening to Ratio and Watching Television) A prisoner may listen to the radio and watch the television for stable emotion and enhancing culture.
The warden may temporarily suspend the broadcasting of the radio and the television to the prisoners or prohibit certain prisoners to listen to the radio and watch the television when there is any cause applicable to the following.
1. When there is a concern of harming the edification or sound social return of convicted prisoner; or
2. When it is needed for maintaining the safety and order of the - 15 -
facilities.
Matters necessary on broadcasting equipment, broadcasting program, broadcasting time and others shall be determined by the Decree of the Ministry of Justice.
Article 49 (Writing) A prisoner may either prepare documents or drawings, or write literature, science and other matters under permission of the warden. Provided, that this shall not apply if the content thereof comes to fall under any clear risk to harm the safety or order of the facilities.
Article 26 shall be applied on the possession and disposition of document or drawing prepared or written in accordance with Paragraph
1. If the possession and disposition of document or drawing prepared or written in accordance with Paragraph 1 is applicable to any of the following, Paragraph 7 of Article 43 shall be applied. Matters necessary for the management of writing utensils, time and place for writing, deposit of written documents, etc. and submitting them to outsiders shall be prescribed by the Presidential Degree. CHAPTER VII SPECIAL PROTECTION
Article 50 (Treatment of Female Prisoner) The warden shall treat Female Prisoner with the consideration of physical and psychological characteristics of woman.
The warden may include the tests on gynecologic diseases with the consideration of age, health and the like in the event that the health examination is implemented on Female Prisoner.
The warden may provide goods necessary for sanitation for Female Prisoner in menstruation.
The warden may allow the Female Prisoner to meet with the minor child(ren) in a place where there is no separating device between them.
Article 51 (Caution in Treatment of Female Prisoner) The warden shall allow female correctional officers to be in charge of undertaking - 16 -
the counseling, training, working and others on Female Prisoner (hereinafter referred to under this Article as "counseling and others"). Provided, that if there is insufficient female correctional officers or other inevitable causes otherwise, it shall not be the case. If the counseling and others are provided to a female prisoner by male correctional officers in accordance with the proviso of Paragraph 1 inside, it has to be implemented with the presence of other females in a place where a transparent window is installed. Article 52 (Treatment of Pregnant Prisoner) The warden shall take appropriate actions, such as, regular examination and others, for the protection of maternity and maintenance of health in the case that the prisoner is pregnant or giving birth (including miscarriage). The warden shall take appropriate actions, such as, getting treatment at an external hospital in the case where a prisoner is about to give birth.
Article 53 (Child Care) A female prisoner may apply to raise the child that she gave birth to in the correctional institution. In this case, the warden shall permit her to raise the child up to 18 months of birth unless otherwise there is any applicable cause.
1. When it is particularly inappropriate to have the infant to live in the correctional institution due to the disease, injury or other causes;
2. When the prisoner is recognized as having no competency to raise the infant due to the disease, injury or other causes; or
3. When it is particularly inappropriate to have the infant to be nurtured due to the contagious disease or other situation in the correctional institution.
The warden shall take necessary actions, such as, providing necessary facilities, goods and other necessities for child raising in the case of permitting the child care in accordance with Paragraph 1. Article 54 (Treatment of Aged Prisoner and Etc.) The warden has to make appropriate care in its treatment with the consideration of age, health condition and others for the aged prisoner. The warden shall make appropriate care in its treatment with the consideration of the level of disability for the prisoner with disability. - 17 -
The warden shall make appropriate treatment in consideration of language, living culture and others for foreign prisoners. Matters necessary on appropriate care or treatment for aged prisoners, prisoners with a disability and foreign prisoners shall be determined by the Decree of the Ministry of Justice. CHAPTER VIII TREATMENT OF CONVICTED PRISONER
PARAGRAPH I GENERAL PROVISIONS
Article 55 (Principle of Treatment for convicted prisoner)For the convicted prisoners, the correctional edification is strived and treat them to improve the social adaptability through the training and edification program, work, occupational training and others. Article 56 (Establishment of Individual Treatment Plan and Etc.) The warden shall establish and implement the plan on treatment of the training and edification program, work, occupational training and others (hereinafter referred to as the "individual treatment plan") appropriate to the individual characteristics of the convicted prisoner in accordance with the resolution of the Classification Disposition Committee of Article
62. The warden shall check the individual treatment plan regularly or time to time to enable the convicted prisoners to make self-improvement and heightened will to return to society.
Article 57 (Treatment) A convicted prisoner shall be confined to the appropriate correctional institution depending on the result of the classification review of Article 59, and shall be treated to fit into the individual treatment plan.
The correctional institution shall be classified as follows in accordance with the confinement facilities and level of safety custody (hereinafter referred to as the "security grade") for preventing fleeing and others. Provided, the same correctional institution may have different a security grade for setting each part as zones.
1. Open facilities: The correctional institution not undertaking all or part of ordinary management and monitoring to enable the self-regulated activities of convicted prisoners without equipping all or part of the - 18 -
ordinary facilities for prevention of fleeing;
2. Moderate security facilities: The correctional institution moderated from the general security facilities management and monitoring on convicted prisoners and ordinary facilities for prevention of fleeing;
3. General security facilities: The correctional institution the ordinary management and monitoring on convicted prisoners with the ordinary facilities for prevention of fleeing:
4. Heavy security facilities: The correctional institution with strict management and monitoring on convicted prisoner while strengthening of facilities to cut off the mutual contacts between convicted prisoners and prevention of fleeing;
Treatment on convicted prisoners shall be adjusted upwardly following the correction grade for the edification or sound social return, and in particular, any convicted prisoner with outstanding grade may receive appropriate treatment needed for the social life after confining to the open facilities.
A convicted prisoner may receive the treatment needed for the service activities, field trip and others for social adaptability in the correctional institution or other appropriate place for edification or sound social return.
Any convicted prisoner requiring for special treatment as trainee, occupational trainee, foreigner, woman, the disabled, aged person, patient and others shall be confined in the facilities set forth to exclusively work on by the Minister of Justice (hereinafter referred to as the "exclusive correctional institution"), and shall have the appropriate treatment to fit into the characteristics. Provided, in the event that there is lack of exclusive correctional institution and other inevitable causes, it shall be excepted.
Matters necessary on the equipment of each facilities under Paragraph 2 and the level of safe custody shall be determined by the Presidential Decree.
Article 58 (Counseling of External Expert and Etc.) The warden may invite external experts with rich experience on correction or academic knowledge on education, correction, criminology, sociology, psychology, - 19 -
medicine and others to provide counseling, psychological treatment or living instruction if needed for edification or sound social return of the convicted prisoner.
PARAGRAPH II CLASSIFICATION REVIEW
Article 59 (Classification Review) The warden shall be able to investigate, measurement and evaluation (hereinafter referred to as the "classification review") scientifically for the personality of a convicted prisoner, behavior characteristics and quality and others for reasonably establish and adjust the individual treatment plan on the convicted prisoner. Provided, it may be excluded in the event that the sentence to serve is short or other special cause thereto. The classification review of the convicted prisoner shall be classified for review to establish the individual treatment plan for finalizing the sentence and review to adjust the individual treatment plan in the event that there is a cause of reward and punishment for lapsing certain terms.
For the classification review, the warden may conduct an investigation, psychology, intelligence and aptitude test and necessary inspection of individual agenda of personality through the counseling and others for convicted prisoners.
The warden may listen to the necessary opinion from external expert or request the external expert for investigation for the classification review.
Matters necessary on the classification review other than the matters defined under this Act shall be determined by the Decree of the Ministry of Justice.
Article 60 (Inquiry of Fact on Relevant Institution and Etc.) If needed for accomplishing the purpose of classification review or other confinement, the warden may interview the family of the prisoner or inquiry the necessary facts on court, police station and other relevant institution or organization (hereinafter referred to as the "relevant institution and others").
The head of relevant institution and others requested for inquiry under Paragraph 1 shall make the reply immediately if there is no - 20 -
special cause otherwise.
Article 61 (Facilities Exclusively for Classification) The Minister of Justice may designate and operate the correctional institution exclusively for the classification review to scientifically classify the convicted prisoners.
Article 62 (Classification Disposition Committee) In order to review and resolve important matters on the classification and treatment of convicted prisoner and selection of subject persons for parole and individual treatment plan of convicted prisoner, the correctional institution shall have the Classification Disposition Committee (hereinafter referred to as the "Committee" in this Article). The Committee shall be composed of committee members of not less than five but not more than seven including the chairman, and the relevant warden shall chair the committee and appoint or commission the members from among the deputy wardens and division chiefs of the relevant correctional institutions, etc. (in the case of a branch penitentiary, a prison officer of Grade or higher in rank) and outsiders of learning and experience in the correctional affairs. The Committee may have the opinion from the external expert for review and resolution.
Matters necessary on the Committee other than the matters defined under this Act shall be determined by the Decree of the Ministry of Justice.
PARAGRAPH III TRAINING AND EDIFICATION PROGRAM
Article 63 (Training) The warden may train the convicted prisoner to acquire necessary knowledge and competency required in sound social return.
The warden shall provide appropriate training for the convicted prisoner who did not receive the obligatory education under Article 8 of the Frame Act of Educationin consideration for will, age, knowledge level and other situation.
The warden may have allow a convicted prisoner to commute or consigned to an outside education institution for the education for - 21 -
Paragraph 1 and Paragraph 2.
Matters necessary on education process, external commuting, consigned education and others shall be determined by the Decree of the Ministry of Justice.
Article 64 (Edification Program) The warden shall implement counseling, psychological treatment and edification program for correctional edification of convicted prisoners.
Matters necessary for types, contents and others of the edification program shall be determined by the Decree of the Ministry of Justice. PARAGRAPH IV WORKING AND OCCUPATIONAL TRAINING
Article 65 (Imposition of Work) Work imposed to convicted prisoners shall be appropriate to acquire the technology and enhance the desire for working for the sound social return.
The warden shall consider the situation of convicted prisoners in age, term of sentencing, health condition, technology, personality, hobby, experience, future living and others in imposing to work for convicted prisoners.
Article 66 (Obligation to Work) The convicted prisoner shall have the obligation to undertake the works and labor imposed upon him/her. Article 67 (Work following Petition) The warden shall impose the works in accordance with application for people under the imprisonment sentencing or detention.
Article 68 (Outside Commuting Work and Etc.) The warden may allow the convicted prisoner to commute to an outside company or workplace of external companies within the correctional institution if needed for promoting the technical acquisition and sound social return. Matters necessary on selection criteria of subject persons working in commuting to outside workplace shall be determined by the Decree of the Ministry of Justice.
Article 69 (Occupational Competency Development Training) The warden may implement the occupational competency development training (hereinafter referred to as the "occupational training") for the technology acquisition and improvement for sound social return of a - 22 -
convicted prisoner.
The warden may have the convicted prisoner be trained at an external institution or organization if needed for occupational training. Matters necessary on selection criteria of subject person for occupational training shall be determined by the Decree of the Ministry of Justice.
Article 70 (Treatment following Intense Labor) In the event of imposing the work needed for the intense laboring in addition to the works under Article 68 and training of Article 69 (2) in accordance with the request of the convicted prisoner, the treatment of interviewing, telephone call, education, joint event participation and others may be restricted. Provided, when the interview or phone call is limited, the interview or phone call may be made on the closed day or a day without the work of the applicable prisoner.
The warden shall make sufficient description of contents of treatment limited to the convicted prisoner before receiving the training or imposing the works in accordance with Paragraph 1. Article 71 (Work on Off-days)No work shall be given on holidays, Saturday and other off days. Provided, cooking, cleaning, nursing and other particularly required works may be excepted. Article 72 (Exemption to Work) The warden shall exempt the works of applicable convicted prisoners for two days if any family or direct relative of the spouse dies and one day of having the anniversary of parent or spouse. Provided, in the event that the convicted prisoner wishes to continue working, it shall be excepted. The warden may exempt the convicted prisoner from working if there is any special cause to continue working for injury, disease or others until the cause is resolved.
Article 73 (Income from Work and Etc.) The income from work shall be reverted to the national treasury.
The warden may pay the work encouragement to convicted prisoners in consideration of work type, work performance, correctional performance and other situation set forth by the Minister of Justice to support the convicted prisoner for working spirit and sound social - 23 -
return.
The work encouragement fund under Paragraph 2 shall be paid to the person when released. Provided, if the money is needed for assisting the family, edification or sound social return, all or part of it may be paid even before the release.
Article 74 (Consolation Allowance) The warden shall pay the consolation or condolence allowance as set forth by the Minister of Justice if applicable to any of the following.
1. When there is an interference to the body due to the injury or illness from work or occupational training; or
2. When died as a result of working or occupational training. consolation allowance shall be paid upon his/her release and condolence allowance is paid to the heir.
Article 75 (Relationship with Other Compensation and Indemnification) In the event that the person entitled to the consolation or condolence allowance is paid for the amount applicable to the consolation or condolence allowance of Article 74 in accordance with the Civil Act and other laws for the same cause from the state, the amount shall not be paid as the consolation or condolence allowance. Article 76 (Protection of Right to be Paid for the consolation and condolence Allowance) The right to pay for the consolation or condolence allowance under Article 74 shall not be transferred or provided for collateral to other person or entity, and the other person or corporation shall not garnish it.
There shall be no tax or dues imposed on the money paid in accordance with Article 74.
PARAGRAPH LEAVE
Article 77 (Leave) The warden may permit 20 days or less for each applicable year of a convicted prisoner who has served for 6 months or longer with the outstanding correctional record with 1/3 or more of the term passed (7 years for persons with 21 years or longer term or life-time sentencing) and applicable to any of the following.
1. When any direct family member or spouse's family member is in critical condition;
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2. When requiring to hospitalize to outside hospital due to disease or accident;
3. When there is a irreparable material loss to occur to the family, direct relative of spouse, or the convicted prisoner himself due to the natural disaster and others; or
4. When there is a cause set forth under the Decree of the Ministry of Justice for edification or sound social return.
The warden may permit special leave of five days or less notwithstanding Paragraph 1 to the convicted prisoner with following applicable causes.
1. When family or direct family member of spouse is deceased; or
2. When there is a wedding of a direct relative. In the event that the leave is permitted, the warden may place contingency of limiting place of stay or others as set forth by the Decree of the Ministry of Justice.
The term of leave under Paragraph 1 and Paragraph 2 shall be included in the term of service for the sentencing. Article 78 (Cancellation of Leave)The warden may cancel the leave in the event that the convicted prisoner is applicable to the following.
1. When the cause of permission for leave is known to be false; or
2. When the condition on the permission to leave for residence limit and others is violated.
PARAGRAPH IX TREATMENT OF UNCONVICTED PRISONER
Article 79 (Principle of Treatment for Unconvicted Prisoners)The unconvicted prisoner shall have the presumption of innocence and shall be treated accordingly.
Article 80 (Prohibition of Observation) The room where the unconvicted prisoner is confined shall not be observed.
Article 81 (Separate Confinement) The warden shall separately confine the unconvicted prisoners who are relevant to an incident and shall prohibit from mutual contact.
Article 82 (Wearing of Plain Clothes) A unconvicted prisoner may wear the plain clothes when attending the investigation, trial, national administrative audit, or the investigation set forth under laws. Provided, - 25 -
the warden may require the unconvicted prisoner to wear the clothes provided at the correctional institution if recognized to have the concern of flee or inappropriate cause.
Article 83 (Hair Cut)For hair or beard of the unconvicted prisoner, it shall not be cut shortly against the intent of the person unless otherwise in special cases.
Article 84 (Interview with Attorney and Correspondence) Notwithstanding Article 41 (2), the correctional officer shall not be present in the interview with the attorneys of the unconvicted prisoner (including people who wish to be an attorney, hereinafter the same), and shall not listen or record the contents. Provided, they may observe the unconvicted prisoner in visible distance.
The interview between the unconvicted prisoner and the attorneys shall not be restricted for time and frequency.
Notwithstanding the proviso of Article 43 (4), the correspondence between the unconvicted prisoner and the attorney shall not be inspected with the exception to the case where the other party is unable to be confirmed as the attorney in the correctional institution. Article 85 (Special Regulations in Investigation and Etc.) During the investigation of the unconvicted prisoner as the subject person for punishment or under punishment, the warden shall guarantee the right for preparing the litigation document, interview with attorneys, correspondence, and other investigative and trial process. Article 86 (Work and Edification) The warden may implement the training or edification program or impose to work as applied by the unconvicted prisoner.
In the event that training or edification program is implemented or work is imposed to the unconvicted prisoner in accordance with Paragraph 1, the provisions from Article 63 to Article 65 and Article 70 to Article 76 shall be applied.
Article 87 (Detention Room)The unconvicted prisoner within the police station shall be considered as the customer for unconvicted prisoner that this Act shall be applicable.
Article 88 (Applicable Regulations) For the convicted prisoner and - 26 -
prisoner in dead row being investigated or litigated for criminal case, Article 84 and Article 85 shall be applied.
CHAPTER X PRISONERS WITH DEATH PENALTY
Article 89 (Confinement of prisoner on dead row)
The prisoner in death row shall be confined alone. Provided, in the event that it is necessary particularly to prevent suicide attempt, training and edification program and work and other appropriate treatment, mixed confinement may be made in accordance with the provisions set forth by the Decree of the Ministry of Justice. The room where the prisoner in death row is confined shall not be observed.
Article 90 (Individual Counseling and Etc.) The warden may implement education or edification program or grant the job depending on the application for the psychological stability and flawless confinement living of the prisoner in death row.
Matters necessary on education and edification program, work and other appropriate treatment on the prisoner in death row shall be determined by the Decree of the Ministry of Justice. Article 91 (Execution) Death penalty shall be undertaken in the death row in the correctional institution.
Death penalty shall not be executed on holidays and Saturday. CHAPTER XI SAFETY AND ORDER
Article 92 (Prohibited Goods) The prisoner shall not have any of the following goods.
1. Drug, gun, sword or spear, explosive, weapon, toxic substance and other goods that may be used as a tool for crime;
2. Alcohol, cigarette, fire-arm, cash, check and other goods that may interrupt the safety or order of the facilities; or
3. Lewd publication, goods used for social disturbance, and goods that may harm the edification or sound social return of the convicted prisoner
Article 93 (Physical Examination and Etc.) A correctional officer may inspect the body, clothes, belonging, room and workplace of a prisoner - 27 -
if needed for maintaining the safety and order of facilities. In the event that the body of a prisoner is inspected, care shall be taken not to cause unnecessary pain or humiliation, and in particular, if the body has to be closely inspected, it has to be done in a concealed place where no other prisoner would see it. The correctional officer may inspect the clothes and personal belongings for people other than the prisoner who gains access to the correctional institution if needed for maintaining the safety and order of the facilities. In this case, if the people in access has to leave prohibited goods under Article 92 to the correctional institution, and if not respond to it, he/she may be prohibited from access to the correctional institution.
Body, clothes and portable goods of woman shall be conducted by female correctional officers.
If the prohibited goods under Article 92 is found as a result of Paragraph 1, The warden shall notify the fact to the prisoner and dispose it with the exception of goods to be disposed in accordance with the procedure determined under the criminal law. Provided, the goods inappropriate to dispose would be sent to the correctional institution for storage or send to the person designated by the prisoner.
Article 94 (Safe Custody by Using Electronic Equipment) The correctional officer may have safe custody of prisoner or facilities by using the electronic device within the scope necessary to prevent the act of harming the safety of facilities or order or harm the life or body of prisoner as well as suicide, self-inflicted injury, fleeing, battery, destruction and others (hereinafter referred to as the "suicide and others"). Provided, protecting the prisoner in the living room with the electro-visual equipment may be done only when there is a great concern of suicide or the like.
In the event that the prisoner in the living room is placed to custody with the electronic visual equipment in accordance with the proviso of Paragraph 1, the safe custody staff, safe custody time, and subject of safe custody shall be recorded. In this case, if the prisoner is female, - 28 -
the female correctional officer has to protect it. In the event of providing the protection in accordance with Paragraph 1 and Paragraph 2, special care has to be afforded not to interfere with the human rights of the person of protection. Matters necessary on the type of electronic equipment, place of installation, method of use, and management of recorded material shall be determined by the Decree of the Ministry of Justice. Article 95 (Confinement in Protective Room) The warden may confine the prisoner if applicable to any of the following with the consideration of the opinion of medical officer to protection room (it means the room where it is equipped with the facilities to prevent suicide or self-inflicted injury and hereinafter the same).
1. When there is a concern of suicide or self-inflicted injury; or
2. When there is a special protection from the physical, mental and diseases;
The confinement period of the protective room of the prisoner shall be within 15 days. Provided, the warden may extend the period in consideration of the opinion of the medical officer, if there is a need of continuing confinement.
The extension of terms following the proviso of Paragraph 2 shall be within seven days, but it shall not exceed three months continuously. In the event that the prisoner is confined in the protection room or extending the period of confinement, the warden shall inform the cause to the person.
The medical officer shall confirm from time to time for the health condition of prisoners.
The warden shall immediately suspend the confinement of protection room in the event that the cause of confinement in the protection room is concluded.
Article 96 (Confinement in Quiet Room) The warden may confine the prisoner only in the applicable to the following with the case where the purpose is unable to accomplish even with the exercise of force or use of protective equipment under Article 98 in the quiet room (separated from general confinement room with the sound-proof facilities and - 29 -
others, and hereinafter the same).
1. When the facilities or tools in the correctional institution is damaged or threatened to be damaged; or
2. When it interferes the peaceful confinement life of other prisoner continuously with the commotion notwithstanding the attempt of stoppage of correctional officer and security guards (hereinafter referred to as the "correctional officer and others" in this Chapter). The term of confinement in the quiet room for the prisoner shall be within 24 hours. Provided, the warden may extend the period with the consideration of the opinion of the medical officer if it is required to continue.
The extension of terms following the proviso of Paragraph 2 shall be within 12 hours, and it shall not exceed three consecutive days. In the prisoner in the quiet room, the provisions from Article 95 (4) to (6) shall be applied.
Article 97 (Use of Protective Equipment) The correctional officer may use the protective equipment if the prisoner is applicable to any of the following.
1. When the prisoner is transferred, appeared at the court, or escorted to the place outside of the correctional institution;
2. When there is a great concern of fleeing, suicide, self-inflicted injury or harm on other persons;
3. When interfering with the justifiable work execution of correctional officers and others with force; or
4. When there is a great concern of damage to the facilities, tools and others of the correctional institution, or interferes the safety or order of the facilities.
In the event that the protective equipment is used, it shall consider the age of prisoner, health condition and confinement attitude and others.
In the event that the correctional officer used the protective equipment on a prisoner within the correctional institution, the medical officer shall confirm the physical condition of the prisoner from time to time.
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Article 98 (Type of Protective Equipment and Requirement of Use) The type of protective equipment shall be shown as follows.
1. Handcuff
2. Head protection equipment
3. Ankle protection equipment
4. Protective belt
5. Protective chair
6. Protective bed
7. Protective clothes
8. Ropes The requirement of use for each type of protective equipment shall be shown as follows.
1. Handcuffs and ropes: When applicable for any of Article 97 (1) (i) to (iv);
2. Head protective equipment: When there is a significant concern on head part;
3. Ankle protection equipment, protective belt and protective chair: When applicable for any of Article 97 (1) (ii) to (iv);
4. Protective bed and protective clothes: When there is a significant concern for suicide or self-inflicted injury;
Matters necessary on the procedure of use of protective equipment shall be determined by the Presidential Decree.
Article 99 (Prohibition of Abuse of Protective Equipment) A correctional officer shall use the protective device within the minimal scope of necessary, and when the cause is extinguished, the use shall be suspended immediately.
The protective equipment shall not be used as a mean for punishment.
Article 100 (Exercise of Compulsive Force) The correctional officer and others may exercise the force if a prisoner is applicable to any of the following.
1. When fled or attempt to flee;
2. When attempt to commit suicide:
3. When making self-inflicting injury or attempt to commit self-inflicted - 31 -
injury;
4. When harm is inflicted on other person or about to inflict on others;
5. When interfering with the justifiable duty of correctional officer and others with force;
6. When destroying or attempt to destroy facilities, tools or others of correctional institution; or
7. When the act to harm is undertaken or is to take an action to harm safety or order of the facilities.
The prison officer may use a coercive force in case where a prisoner comes to fall under any of the following Sub-paragraphs.
1. When the prisoner attempts to flee;
2. When the harm is inflicted or about to be inflicted to correctional officer or prisoner;
3. When the justifiable duty execution is interfered by the correctional officer and others with force;
4. When the facilities, tools and others of correctional institution are destroyed or attempted to destroy;
5. When infiltrated or about to infiltrate to the correctional institution; or
6. When the correctional officer and others demand for withdrawal inside the correctional institution (including the place in the event that the prisoner is protected outside of the correctional institution by the correctional officer) but not complied with it.
In the exercise of coercive force as prescribed in Paragraph 1 and Paragraph 2, the safety device may be used.
Under Paragraph 3, the "safety device" means the equipment and tools used by the correctional officer and others for maintaining the safety and order of facilities and prevention of fleeing and life of person, such as, billy clubs, gas sprayers, tear gas bombs, etc. In order to exercise the force in accordance with Paragraph 1 and Paragraph 2, it shall be warned to the other party in advance. Provided, that if the situation is too urgent to have the time to warn, it shall not be the case.
Exercise of force shall be minimally used as necessary. Matters necessary on the type of safety device, requirement of use - 32 -
for each type and procedure for use and others shall be determined by the Decree of the Ministry of Justice.
Article 101 (Use of Weapon) The correctional officer and others may use the weapon on prisoner when there is any cause applicable to the following.
1. When the crisis is urgent such as prisoner to inflict serious harm to other people;
2. When a prisoner holds a hazardous substance to be used in violence or threat to have the correctional officers ordered to discard but without following it;
3. When a prisoner is recognized to attempt to provoke violence or about to provoke it if not promptly stopped;
4. When the fleeing prisoner keeps fleeing even after ordered to halt by the correctional officers and others;
5. When a prisoner takes a weapon or attempts to take away the weapon of correctional officers and others; or
6. In addition, when the use of weapon is unavoidable to prevent the material and clear risk on life of human, body and facilities. The correctional officer and others may use the weapon for people other than the prisoners if there is any cause recognized as urgent to prevent the weapon and facilities other than the building or stop the prisoner from taking advantage or protect his/her own or other lives and bodies inside the correctional institution (including the place in the event that the prisoner is protected outside of the correctional institution by the correctional officer).
The correctional officer and others may use the weapon with the order of the warden or any person acting on behalf of the duties. Provided, that if there is no time to have the order, it shall not be the case.
If the weapon is to be used in accordance with Paragraph 1 and Paragraph 2, the warning shall be made to the other party by shooting the blank ammunition or other appropriate means.
Use of weapons shall be limited to the minimal use, and has to be the final means available.
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Matters necessary on type of weapon, requirement of use for each weapon, procedure of use and others shall be determined by the Decree of the Ministry of Justice.
Article 102 (Action Taken at the Time of Disaster) If there is a need of emergency action for maintaining the safety and order for facilities with the occurrence of natural disaster and others, the warden may enable prisoner to assist the recovery of damage or other emergency works.
In the event that there is no means of evacuation from the natural disaster or other incident within the correctional institution, the warden may move the prisoners to different places.
The warden may release all prisoners if the transfer following Paragraph 2 is impossible.
Person who is released in accordance with Paragraph 3 shall attend the correctional institution or police station within 24 hours after the release.
Article 103 (Arrest for Confinement) In the event that a prisoner flees or commits any of the following acts (hereinafter referred to as the "fleeing and others") under Article 133, he/she shall be arrested only within 72 hours after fleeing or period of attendance. A correctional officer may stop and interrogate any person who is recognized as knowing the fled person or location or person who is substantially recognized for flee if urgent for needed to arrest following Paragraph 1.
A correctional officer shall present his/her ID with the description of purpose and cause of inquiry when making interrogatory in accordance with Paragraph 2.
The correctional officer may require the cooperation on gaining of access for the place and other matters for the recreation place, motel, restaurant, station or other place with a number of people gaining access during the business hours for arrest under Paragraph 1. A correctional officer shall present the ID in the event that he/she has access to the place needed in accordance with Paragraph 4, and shall not interfere with the justifiable works for the manager or affiliated - 34 -
persons of the location.
Article 104 (Management of Drug Criminal and Etc.) The warden may separately manage from the other convicted prisoners in accordance with the Decree of the Ministry of Justice, such as, cutting off the contact with other prisoners or strictly placed for safe custody within the scope required for maintaining the safety and order of the facilities for prisoners determined by the drug related criminals and organized violence crime and others.
The warden shall not limit the basic treatment even in the case of managing in accordance with Paragraph 1.
CHAPTER X11 RULES AND REWARD AND PUNISHMENT
Article 105 (Rules and Etc.) A prisoner shall comply with the rules set forth by the Minister of Justice for maintaining the safety and order of the correctional institution.
A prisoner shall comply with the schedule determined by the warden. A prisoner shall obey the instruction of the on-duty correctional officer.
Article 106 (Reward)The warden may reward a prisoner if applicable to the following in accordance with the Decree of the Ministry of Justice.
1. When rescuing a life of a person or prevent the running away;
2. When there is any merit in urgent works following Article 102 (1);
3. When it is recognized for clear merit in maintaining the safety and order of the facilities; or
4. When there is a need to reward, such as, becoming of role model for confinement living, constructive and creative proposal and others. Article 107 (Punishment)The warden may impose punishment in accordance with the resolution of the Punishment Committee under Article 111 in the event that a prisoner commits any of the following acts.
1. Any act interfering on the Criminal Act, Act on Punishment of Violent Act and Etc. and other criminal laws;
2. Any act to self-inflicting harm for the purpose of upholding one's own demand, such as, convenience of confinement life and others;
3. Any act to refuse or neglect work or education without justifiable - 35 -
cause;
4. Any act of entry, production, possession, use, reception, exchange or concealing of goods prohibited under Article 92;
5. Any act of reporting false facts for the purpose of having other persons be punished or interfere with the duties of correctional officers or
6. Any act of violation against the regulations set forth under the Decree of the Ministry of Justice for the safety and order of the facilities.
Article 108 (Types of Punishment) The types of punishment are shown as follows.
1. Warning
2. Volunteer service of around 50 hours
3. Reduction of work encouragement fund within 3 months
4. Suspension of participation for joint events 30 days or less
5. Restriction to access newspaper 30 days or less
6. Restriction of watching TV 30 days or less
7. Restriction of individually purchased goods (excluding the medical product prescribed by a physician for treatment) 30 days or less
8. Work suspension 30 days or less
9. Restriction of phone calls 30 days or less
10. Restriction of writing 30 days or less
11. Restriction of correspondences 30 days or less
12. Restriction of interview 30 days or less
13. Restriction of outdoor exercise 30 days or less
14. Forfeiting all rights for 30 days or less Article 109 (Imposition of Punishment) Disposition from Article 108 (iv) to (xiii) may be imposed simultaneously.
If the prisoner is applicable for any of the following, up to 1/2 of the term for punishment as set forth under the provision of Article 108 (ii) to (xiv).
1. When there are two or more of punishment causes compete with each other; or
2. When the prisoner commits the act applicable for the cause of - 36 -
punishment while in punishment, or within 6 months after exempting the proceeding or after the enforcement of punishment is done. Punishment shall not be imposed repeatedly for the same act, and it shall be minimal in accomplishing the purpose of confinement in consideration of motivation, weight of action, situation after the act and other situations.
When two years have lapsed since the date of cause for punishment, imposition of punishment shall not be made.
Article 110 (Investigation of Subject Person for Punishment) The warden may confine a prisoner who has substantial cause to be suspicious for committing the act applicable for punishment (hereinafter referred to as the "subject person of punishment") during the investigation period.
1. When there is a concern to destroy the evidence; or
2. When there is a concern of harming other persons or requires to be protect from the harm of other prisoners.
The warden may limit all or part of the treatment for contacting other persons for interviewing, correspondences, telephone calls, outdoor exercise, work, education and training, joint event participation or others if the subject person of punishment is applicable to any of Sub-paragraph 1.
Article 111 (Disciplinary Committee) In order to decide a punishment for the person subject for punishment, the correctional institution shall have the Disciplinary Committee (hereinafter referred to as the "Committee" in this Article).
The committee shall be composed of committee members of not less than five but not more than seven including the chairperson, and the chairperson shall be in the second rank position following the warden, the warden shall appoint the members from among division chiefs of the relevant correctional institutions(in the case of a branch penitentiary, a prison officer of Grade or higher in rank) and outsiders of learning and experience in the correctional affairs. And in this case, the external committee member shall be three persons or more.
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The Committee shall be held depending on the demand of the warden, and punishment shall be determined by the resolution. In the event that the member is a relative to the subject person for punishment or has special cause not to expect fair deliberation and resolution, he/she shall not attend the Committee. The subject person of punishment may petition to avoid certain member. In this case, the avoidance shall be determined by the resolution of the Committee.
The Committee shall grant the opportunity for the subject person of punishment to attend the Committee to make sufficient testimony, and the subject person of punishment may testify the advantageous fact in writing or verbally or submit the evidence thereto. Article 112 (Execution of Punishment) The warden shall execute punishment.
The warden may confine the prisoner separately if recognized as needed for the execution of punishment.
For the person who is disposed under Article 108 (xiv), he/she is imposed of treatment restriction from Sub-paragraph (iv) thru Sub-paragraph (xiv) during the period. Provided, the warden may permit writing, correspondences, interview or outdoor exercise if recognized as needed for remedy of right for prisoner, edification of a convicted prisoner or sound return to the society. In the event that the disposition of Article 108 (xiii) or (xiv) is executed, the warden shall confirm the health of the prisoner in advance by the medical officer and check the health status from time to time during the time of execution.
Article 113 (Suspension and Exemption of Punishment Execution) The warden may temporarily suspend the execution if the execution is difficult for disease or other cause until the cause is resolved. In the event that the person under punishment has clear remorse for his/her actions, the warden may reduce punishment or exempt from enforcing punishment for the remaining period.
Article 114 (Probation of Execution for Punishment) The Punishment Committee may resolve to stay the execution of punishment within the - 38 -
period of two months or longer but six months or less for the prisoner who may have mitigating circumstances of motivation, correction record, level of remorse when resolving punishment. The warden shall execute punishment stayed if the prisoner who is in the probation period commits the act subject for punishment under Article 107 again.
If the prisoner had probation of executing punishment and lapse the probation period for more punishment, the execution of punishment shall be considered as expired.
Article 115 (Nullification of Punishment and Etc.) The warden may nullify punishment with the approval of the Minister of Justice if punishment is not rendered during the period set forth under the Decree of the Ministry of Justice with the fine correction record for a prisoner whose execution of punishment is expired or exempted for its execution.
Notwithstanding Paragraph 1, the warden may nullify punishment with the approval of the Minister of Justice after going through the resolution of the Classification Disposition Committee if recognized to have clear merit in preventing the correctional accident. Matters necessary for punishment other than the matters defined under this Act shall be determined by the Decree of the Ministry of Justice.
CHAPTER XIII REMEDY OF RIGHT
Article 116 (Interview with Warden) A prisoner may apply for an interview to the warden for the treatment.
The warden shall respond to the interview with the exception of any of the following if there is a petition for interview by a prisoner.
1. When the cause of interview is not indicated without justifiable cause;
2. When the purpose of interview is to demand the matter of clear interference of laws;
3. When the interview is repeatedly applied without justifiable cause even with the fact of interview conducted with the same cause; or
4. When there is a substantial cause to recognize as the purpose to - 39 -
interfere with the duties of the correctional officer. The warden may have other correctional officers conduct the interview if there is a special circumstance. In this case, the person who conducted the interview shall report the result to the warden immediately.
If there is any matter needed for the disposition as a result of interviewing, the warden shall notify the result to the prisoner. Article 117 (Petition) If a prisoner has complaint against any treatment, he/she may petition to the Minister of Justice, circuit government employee or head of regional corrections headquarters having the jurisdiction.
A prisoner who wishes to petition in accordance with Paragraph 1 shall prepare the petition, seal and submit it to the warden. Provided, the petition on the circuit government employee may be made verbally. The warden shall not open the petition, and he/she shall deliver it to the Minister of Justice, circuit government employee, or head of regional corrections headquarters having the jurisdiction immediately. In the event that a circuit government employee listens to the petition in accordance with the proviso of Paragraph 2, the correctional officer and others from the applicable correctional institution shall not be allowed to participate.
Decision on petitioning shall be made in writing. in the event that the warden receives any decision on petitioning, he/she shall deliver it to the complainant immediately. Article 118 (Prohibition of Adverse Treatment) A prisoner shall not be adversely treated due to taking any action of petitioning, complaining, interviewing with the warden and other remedial action. PARAGRAPH III CONCLUSION OF CONFINEMENT
CHAPTER I PROVISIONAL RELEASE
Article 119 (Parole Review Board)
The parole review board (hereinafter referred to as the "board") shall be set up under the control of the Minister of Justice for reviewing eligibility for a parole as provided in Article 72 of the Criminal Act. Article 120 (Organization of Committee) The board shall be - 40 -
composed of the board members of not less than 5 but not more than 9, including the chairman.
The Vice Minister of Justice shall chair the board, and the Minister of Justice shall appoint or commission the board members from among judges, public prosecutors, lawyers, public officials belonging to the Ministry of Justice and the persons of learning and experience in correction affairs.
Matters necessary for the board shall be determined by the Ordinance of the Ministry of Justice.
Article 121 (Review of Qualification for the parole) In case where a convicted prisoner, who has served a term of imprisonment under Article 72 (1) of the Criminal Act, the warden shall, under the conditions as prescribed by the ordinance of the Ministry of Justice, propose that the review board makes an examination of his/her parole. The board shall, when reviewing eligibility for parole, take into account all circumstances such as the convicted prisoner's age, motive for crime, term of sentence, records of criminal administration, health condition, capacity of livelihood and living environment after parole, and the likelihood of committing a crime again, etc. Article 122 (Permission of parole) The Board shall petition for the parole to the Minister of Justice within five days of making the parole decision.
The Minister of Justice may grant permission, when he/she deems that the application for a parole made by the review board under Paragraph 1 is justifiable.
CHAPTER II RELEASE
Article 123 (Release) The release of a prisoner by amnesty, expiration of a prison term, or order from an authorized person shall be executed by the warden.
Article 124 (Time of Release) The release by amnesty, parole, exemption form execution of sentence, and reduction of penalty shall be executed within 12 hours after the arrival of documents thereof. Provided, if the release date and time is designated in the document, it shall be undertaken within the time.
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The release by expiration of a prison term shall be executed on the expiry date of prison term.
The release by order of an authorized person shall be executed with-in 5 hours after the arrival of documents.
Article 125 (Temporary Confinement of Released Person) In the event that the released person is difficult to return to his/her home due to the inevitable causes, such as, disease, the warden may temporarily confine him/her to the correctional institution with the application of the released person.
Article 126 (Payment of Travel Expense to Return and Etc.) If a released person has no travel expense or clothes needed to return to his/her home, the warden may paid or lease to the prisoner within the range set forth by the Minister of Justice.
CHAPTER III DEATH
Article 127 (Notice of Death) In the event that a prisoner is deceased, the warden shall notify the fact immediately to his/her family (if there is no family, other relative).
Article 128 (Delivery of Body and Etc.) The warden shall deliver the remains to any relative or any person with special ties to the deceased prisoner who demanded to have the remains. Provided, that if ajoint funeral is held in accordance with Paragraph 3 is made, it shall not be the case.
The warden shall temporarily bury the dead if the person notified of death receives the notice but does not claims the body or if there is no one to take the remains within three days from the notice in accordance with Article 127. Provided, that the warden may take necessary action, such as, immediate cremation and others if necessary for prevention of contagious diseases and others. The warden may bury or cremate the remains if there is no one to claim after two years from the temporary burial in accordance with Paragraph 2.
The warden may deliver the remains of the prisoner if any hospital or research institution requests the body as needed for academic research only if there is consent by the will of the prisoner or consent - 42 -
of heir.
The warden may pay the acquiring person for the costs needed for cremation, delivery of the remains and others within the scope set forth under the Minister of Justice if a prisoner is deceased. PARAGRAPH IV CORRECTIONAL ADVISORY COMMITTEE AND ETC. Article 129 (Correctional Advisory Committee) In order to respond to the advisory of the warden with respect to the operation of the correctional institution and the treatment of prisoner, the Correctional Advisory Committee (hereinafter referred to as the "Committee") in the correctional institution.
The Committee shall be organized with five to seven members, and the president of the Committee is selected from the members, and the members are commissioned by the Minister of Justice with the recommendation of the warden from the outside persons who have rich knowledge and experience on correction.
Matters necessary on the Committee other than the matters defined under this Act shall be determined by the Decree of the Ministry of Justice.
Article 130 (Correction Committee Member) The correctional institution may have the committee members support the training, edification, medical treatment and other treatment of prisoners. The committee members shall be in an honorary position, and the members are commissioned by the Minister of Justice with the recommendation of the warden.
Article 131 (Reception of Contribution) The warden may accept the goods or voluntarily donate money to the correctional institution by institution, organization or individual for the purpose of edification and others by prisoner.
PARAGRAPH V PENALTY
Article 132 (Entry of Alcohol and Etc.) A person who committed any of the following actions shall be imposed of imprisonment of 6 months or less or penalty of two million won or less.
1. Act of bring, possess, use, give and receive, exchange or concealing any alcohol, cigarette, cash or check into the correctional - 43 -
institution; or
2. Any act of bring in the alcohol, cigarette, cash or check into the correctional institution for the purpose of delivery to a prisoner, or give and receive from or exchange to the prisoner.
A person who attempted the act under Paragraph 1 shall be punished.
Any prohibited goods of Paragraph 1 shall be seized. Article 133 (Violation of Obligation to Attend and Etc.) A prisoner who committed any of the following acts shall be imposed of imprisonment for one year or less.
1. Any act of not attending to the correctional institution or police station within 24 hours after the temporary parole in violation of Article 102 (4) without just cause; or
2. Any act of not returning in due time without just cause after leaving outside of the correctional institution without the safe custody of the correctional officer with the permission of the warden due to the cause of leave, outside commute and other causes.
SUPPLEMENTARY (Law No. 9136, 2008. 12. 11)
This Act shall be implemented from December 22, 2008. SUPPLEMENTARY (Law No. 8728, 2007. 12. 21)
Article 1 (Date of Implementation)This Act shall be implemented from the date of lapsing one year after the promulgation. Article 2 (Example of Application on the Consolation Allowance Credit) The revised provisions of Article 76 shall be applicable from the right to receive bonus and condolence allowances acquired after implementing this Act.
Article 3 (Action Taken on Delivery of Money and Valuables)In the event that there are valuables left by the deceased or fugitive at the time of implementing this Act, the previous provision shall be followed, notwithstanding the revised regulations of Article 28. Article 4 (Action Taken on Punishment) The previous provision shall be followed for the violation applicable to the cause of punishment undertaken prior to implement this Act. Provided, in the event that the - 44 -
provisions of this Act is advantageous to the actor, this Act shall be followed.
In the event that an act that is applicable to the cause of punishment is rendered before or after implementing this Act, it shall be considered as after implementation of the Act. Any punishment imposed in accordance with the previous provision before implementing this Act shall be considered as imposed under this Act. Provided, in the event that the imposition is made beyond the scope of punishment following this Act shall be considered as not imposed, and in the event that punishment not rendered under this Act is imposed, it shall be considered as not imposing punishment. Article 5 (Amendment of Other Laws) Part of the Tuberculous Prevention Act is amended as follows.
From Article 26, the "Head of correctional institution and others under the provision of Article 2 (5) of the Criminal Administrative Act is elected from the inmates" is turned into "the head of the correctional institution under Article 2 (iv) of the Act on Execution of Sentence and Treatment of Prisoners is from the prisoners".
Part of the Correctional Institutions Security Institutional Establishment Act is amended as follows.
From the main text and proviso of Article 5, "Article 15 of the Criminal Administrative Act" is turned to "Article 101 of the Act on Execution of Sentence and Treatment of Prisoners".
Part of the National Pension Act is amended as follows. From Article 91 (1) (iv), "correctional institution and others following Article 2 of the Criminal Administrative Act" to the "correctional institution following Article 11 of the Act on Execution of Sentence and Treatment of Prisoners".
Part of the International Convicted Prisoner Transfer Act is amended as follows.
From Article 17, the "Criminal Administrative Act" is turned to the "Act on Execution of Sentence and Treatment of Prisoners". From the part other than Article 24, "head of correctional institutions and others" is turned into "head of correctional institution of Article 2 - 45 -
(iv) of the Act on Execution of Sentence and Treatment of Prisoners ", and "the correctional institution and others" to the "the correctional institution", and the "Criminal Administrative Act" to the "Act on Execution of Sentence and Treatment of Prisoners". Part of the Military Criminal Administrative Act is amended as follows. From Article 2 (5), the "Criminal Administrative Act" is turned into the "Act on Execution of Sentence and Treatment of Prisoners". Part of the Act on Establishment and Operation of Private Correctional Institutions and Etc. is amended as follows. From Article 1, "Article 4-2 of the Criminal Administrative Act" is turned into "Article 7 of the Act on Execution of Sentence and Treatment of Prisoners".
From Article 2 (i), "Article 1-2 (iii) of the Criminal Administrative Act" is turned into "Article 2 (iv) of the Act on Execution of Sentence and Treatment of Prisoners".
From Article 21 (1), "Article 2 (5) of the Criminal Administrative Act" is turned to "Article 2 and Article 4 of the Act on Execution of Sentence and Treatment of Prisoners".
From each of Article 24, Article 30 (1) and Article 40, the "Criminal Administrative Act" is referred to the "Act on Execution of Sentence and Treatment of Prisoners".
From Article 27 (1), " Article 14, Article 14-2, Article 15, Article 16, Article 29 (1), Article 32 (3), Article 35 (2), Article 44 (3) and Article 46 of the Criminal Administrative Act is turned into Article 37 (1), Article 37 (2), Article 63 (3), Article 68 (1), Article 77 (1), Article 98, Article 100, Article 101, Article 102, and Article 107 through Article 109 of the "Act on Execution of Sentence and Treatment of Prisoners", and from Paragraph 2 of the same Article, "Article 51 (1) of the Criminal Administrative Act" is turned into Article 121 (1) of the "Act on Execution of Sentence and Treatment of Prisoners", and from Paragraph 3 of the same Article, "Article 53 of the Criminal Administrative Act" is turned into "Article 123 of the Act on Execution of Sentence and Treatment of Prisoners".
Part of the Act on Probation and Etc. is amended as follows. - 46 -
From Article 24 (1), "Article 52 of the Criminal Administrative Act" is turned into Article 122 of the "Act on Execution of Sentence and Treatment of Prisoners".
From Article 28 (1), "Article 51 of the Criminal Administrative Act" is turned into Article 121 of the "Act on Execution of Sentence and Treatment of Prisoners".
From Article 58, "Article 49 or Article 52 of the Criminal Administrative Act" is turned into Article 119 to Article 122 of the "Act on Execution of Sentence and Treatment of Prisoners".
Part of the Act on Persons to Undertake the Duty of Judicial Police Officer and the Scope of Duties is amended as follows. From Article 3 (4), the Article 5 (1) of the "Criminal Administrative Act" is turned into Article 8 of the "Act on Execution of Sentence and Treatment of Prisoners".
Part of the Pharmaceutical Affairs Act is amended as follows. From Article 23 (4) (x), the "Criminal Administrative Act" is turned into the "Act on Execution of Sentence and Treatment of Prisoners". Part of the Act on Compensation of Government Employees Died on Duty Related to Risky Duties is amended as follows. From Article 2 (i) (H), Article 15 (1) of the "Criminal Administrative Act" is turned into Article 101 (1) of the "Act on Execution of Sentence and Treatment of Prisoners".
Part of the Treatment and Rehabilitation Act is amended as follows. From Article 51, the "Criminal Administrative Act" is turned into the "Act on Execution of Sentence and Treatment of Prisoners". Part of the Communication Confidentiality Act is amended as follows. From Article 3 (1) (iii), "Article 18 and Article 19 of the Criminal Administrative Act" is changed into Article 14, Article 43 and Article 44 of the "Act on Execution of Sentence and Treatment of Prisoners". Article 6 (Relationship with Other Laws) At the time of implementing this Act, in the event that the previous Criminal Administration Act or its provisions are quoted, and when there is any provision applicable thereto, this Act or applicable provision of this Act shall be considered as quoted in substitution of the previous provisions.
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