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Restriction of Visits for Prisoners [2005] KRNHRC 21 (1 July 2005)

Prisoner "Kim," and others, filed a complaint arguing that restricting visitation rights to
family members infringes on a prisoner's right to external communication. The new
guidelines that limited interviews and visitation on Saturdays and eliminated visitation
on public holidays, were adopted on July 1, 2005. The respondent organization argued
that, pursuant to Article 55 of the Enforcement Decree of the Criminal Administration
Act, interviews with prisoners were never guaranteed, and with the current personnel
numbers it was difficult to allow interviews on public holidays.

After reviewing the relevant statutes, the Commission confirmed that they can be
interpreted as follows: Penitentiaries are institutions that should be operated at all
times, and therefore, administrative services should be provided at all times through
efficient operation of staff. If deemed necessary, particularly for correctional purposes,
the time, frequency, and allowance of interviews should be expanded and can be
permitted even at times other than the working hours prescribed in the "Civil Service
Regulations."

The Commission concluded that the abolition of the public holiday visit system,
which had been previously implemented does not contribute to the goal of reintegrating
prisoners, despite the fact that there are complainants that displayed sufficient reason
for visits on public holidays, as they either live a long distance away or work on
weekdays and Saturdays. Reintegration of prisoners is considered the most important
goal of criminal administration, and the Commission therefore recommended that
interviews be allowed on public holidays, including Sundays, at correctional facilities
nationwide.