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Opinions on the Protection and Promotion of Human Rights of Inmates at Detention Facilities [2004] KRNHRC 9 (1 January 2004)

The Commission issued recommendations three times on the revision of the legal system
for disciplinary measures for inmates. In response, the Ministry of Justice prepared a bill
draft on the amendments to the Inmate Discipline and Punishment Regulations and the
Retaining Device Regulations and inquired of the Commission about the bill.
After reviewing the bill draft, the Commission concluded that it should be supplemented
and improved, in light of international human rights standards such as the United Nations
Standard Minimum Rules for the Treatment of Prisoners and the principle to guarantee
basic rights under the Constitution.

The bill draft on the amendment to Inmate Discipline and Punishment Regulations needs
to be revised to reduce the severity of punishments to the minimum required, shorten the
maximum sentences, and clearly stipulate the standards for the consideration of punishment.
The Disciplinary Committee should consult outside persons to ensure objective and fair
judgment, and standards for qualifications of the said persons should be clearly provided.
The draft also needs to be revised to guarantee inmates' rights to write correspondence and
engage in physical exercise, even during the period of detention.

The bill draft on the amendment to Retaining Device Regulations should also be
improved such that the usage and types of retaining devices are limited as much as possible
to prevent their abuse. When used, the physical condition of inmates should be carefully
observed to prevent injury and use for overly extended periods of time.

Regulations relating to detention facilities directly restrict the daily lives of inmates, so
the impact of their application is more immediate than any other regulations. The human
rights of inmates should therefore be fully considered when revising or legislating the said
regulations. It is regrettable that the Ministry of Justice accepted the opinions of the
Commission only in part.