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Opinions on Protection of Human Rights of Juvenile Inmates [2004] KRNHRC 46 (14 October 2004)

The Ministry of Justice revised the Enforcement Decree of the Act and enacted the
Enforcement Regulations in accordance with the Juvenile Reformatory Act, which was
revised to prevent cruel punishments of juvenile inmates and realize a protective,
educational, and rehabilitative environment.

However, the revised Enforcement Decree needs to be improved. The requirements and
time limits on the use of retaining devices should be clarified; interviews and correspondence
with juvenile inmates should be permitted; the mental health of juveniles should be
considered; and standards for separate imprisonment should be clearly stipulated. Some
provisions of the Enforcement Regulations provide that juveniles in detention should notify
the authorities of acts of other juveniles in violation of laws or rules. These provisions
should be eliminated because they have the potential of infringing on the freedom of
conscience of juveniles.

On October 14, 2004, the Commission delivered the above said opinions to the Ministry
of Justice. The Ministry accepted the opinions in part and deleted provisions on the use of
detaining devices for the purpose of administrative management and restriction on interviews.