ENFORCEMENT DECREE OF THE ACT ON EXECUTION OF SENTENCES AND TREATMENT OF INMATES
Wholly Amended by Presidential Decree No. 21095, Oct. 29, 2008
Amended by Presidential Decree No. 21350, Mar. 18, 2009
Presidential Decree No. 21356, Mar. 18, 2009
Presidential Decree No. 22257, Jul. 9, 2010
Presidential Decree No. 22564, Dec. 29, 2010
Presidential Decree No. 23488, Jan. 6, 2012
Presidential Decree No. 24348, Feb. 5, 2013
Presidential Decree No. 25397, jun. 25, 2014
Presidential Decree No. 25532, Aug. 6, 2014
Presidential Decree No. 26696, Dec. 10, 2015
Presidential Decree No. 27262, jun. 28, 2016
Presidential Decree No. 27960, Mar. 27, 2017
Presidential Decree No. 28296, Sep. 19, 2017
PART I GENERAL PROVISIONS
| Article 2 (Inspection by Judges, etc.) |
| (1) | Where a judge or public prosecutor intends to inspect any prison, detention center and its branches (hereinafter referred to as "correctional institution") under Article 9 (1) of the Administration and Treatment of Correctional Institution Inmates Act (hereinafter referred to as the "Act"), he/she shall present a certification that indicates his/her identification in advance to the head of the relevant correctional institution (hereinafter referred to as "warden") and sign or affix his/her seal on an inspection book. |
| (2) | In cases falling under paragraph (1), the relevant warden shall have a correctional officer escort a judge or public prosecutor to the place where the inspection is requested and record the time of inspection on an inspection book. |
| (1) | Where any person other than a judge or public prosecutor applies for visiting a correctional institution under Article 9 (2) of the Act, the relevant warden shall decide whether to permit such visit after confirming the relevant person's name, occupation, address, age, sex and purpose of visit. |
| (2) | In cases of permitting a foreigner to visit a correctional institution, the relevant warden shall obtain approval of the commissioner of the competent regional correction headquarters in advance. |
| (3) | A warden shall give an instruction of cautions to observe during a visit, to the person who has obtained permission under paragraphs (1) and (2). |
PART II TREATMENT OF PRISONERS
| Article 4 (Ratio of Solitary Wards) |
In cases of building a new correctional institution, the ratio between solitary wards to non-solitary wards shall be appropriate to confine prisoners in wards under Article 14 of the Act.
| Article 5 (Classification of Solitary Confinement) |
Solitary confinement shall be classified as follows:
| 1. | Solitary confinement for treatment: It means that prisoners are allowed to lead a common life according to a daily schedule for treatment, such as education and work, during the day and they are placed in solitary confinement only on holidays and at night; |
| 2. | Solitary confinement for safe guard: It means that prisoners are placed in solitary confinement at all times to protection human life and body or to maintain security and order of a correctional institution and they are prevented from contacting other prisoners: Provided, That this shall not apply where deemed necessary for investigation, trial, outdoor exercise, bathing, meeting, medical treatment, etc. |
| Article 6 (Inspections of Prisoners Placed in Solitary Confinement for Safe Guard) |
| (1) | A correctional officer shall frequently inspect persons placed in solitary confinement under subparagraph 2 of Article 5 (hereinafter referred to as "prisoners under solitary confinement for safe guard") and check whether they have any health or edification problems. |
| (2) | Where prisoners under solitary confinement for safe guard appear to have any health problem as a result of the inspection under paragraph (1), the relevant correctional officer shall immediately notify such fact to a doctor working for the relevant correctional institution (including any public health doctor; hereinafter referred to as "medical officer"), and where such prisoners are deemed to have edification problem, the relevant correctional officer shall report such fact to the relevant warden without delay. |
| (3) | Upon receipt of notification referred to in paragraph (2), a medical officer shall take appropriate medical measures, such as counselling with and conducting medical examinations of the relevant prisoners, and where continuation of solitary confinement for prisoners under solitary confinement for safe guard is deemed harmful to their health, a medical officer shall report such opinion to the relevant warden immediately. |
| (4) | Where continuation of solitary confinement for prisoners under solitary confinement for safe guard is deemed harmful to their health or edification, the relevant warden shall suspend solitary confinement immediately. |
| Article 7 (Inspection of Female Prisoners) |
Unless it is deemed especially necessary, no warden shall have a male correctional officer inspect female prisoners in a ward at night.
| Article 8 (Standards for Number of Persons under Non-Solitary Confinement) |
At least three persons shall be placed in a ward for non-solitary confinement: Provided, That this shall not apply where prisoners are on medical treatment or any inevitable reason exists.
| Article 9 (Restrictions on Non-Solitary Confinement) |
No warden shall place convicted prisoners sentenced to order of detention in a workhouse and prisoners sentenced to imprisonment with labor, imprisonment without labor or penal detention with fixed penalty, under non-solitary confinement: Provided, That this shall not apply where the order of detention in a workhouse is executed continuously after the execution of imprisonment with labor, imprisonment without labor or penal detention is completed or any inevitable reason exists.
| Article 10 (Designation of Prisoners' Space) |
Where deemed necessary to protect prisoners' life and body, prevent destruction of evidence and maintain security and order of a correctional institution, a warden may designate the space of each prisoner in a non-solitary ward, educational room, auditorium, place of work and other places where prisoners may contact one another.
| Article 11 (Prohibition of Substituting Ward) |
No warden shall use a ward of prisoners as a place of work: Provided, That this shall not apply where it is especially deemed necessary for prisoners' emotional stability, correction and edification or promotion of their ability to adapt to society.
| Article 12 (Posting, etc. of Current Status Table) |
| (1) | Each warden shall post a current status table in a ward, on which the area of the ward, fixed number of people and current number of people confined in the ward shall be entered. |
| (2) | Each warden shall post a name tag in front of a ward, and the relevant prisoner' name, year of birth, name of a crime, name of a punishment, and period of punishment shall be entered in the name tag's upper part, which shall remain covered, and the relevant prisoner's number and imprisonment date shall be entered in the lower part. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| (3) | Each warden shall furnish, by means of posting, matters requiring compliance by prisoners under statutes and matters concerning remedy procedures against infringement of rights of prisoners, in a conspicuous place in a ward. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| Article 13 (Acceptance of Newly Confined Persons) |
| (1) | In cases of accepting a person newly confined in a correctional institution from a court, prosecutors' office, police agency, etc. (hereinafter referred to as "new inmate"), the relevant warden shall issue a letter of acceptance to an escort. In such cases, where a new inmate has any injury, disease or other health problems (hereafter referred to as "injury, etc." in this Article), the relevant warden shall receive a written confirmation concerning the relevant fact from the escort. |
| (2) | Any correctional officer who accepts a new inmate shall write the new inmate's name, age, and date of acceptance on the letter of acceptance referred to in paragraph (1) and sign or affix his/her seal thereon. |
| (3) | In cases of receiving a written confirmation pursuant to the latter part of paragraph (1), the relevant warden shall have an escort write a new inmate's name, age, date of transfer, injury, etc. and sign or affix his/her seal thereon. |
| Article 14 (Inspection of New Inmates' Bodies, etc.) |
In cases of accepting new inmates, the relevant warden shall have any correctional officer inspect their bodies, clothes and personal effects without delay.
| Article 15 (Medical Examinations of New Inmates) |
Medical examinations of new inmates under Article 16 (2) of the Act shall be conducted within three days from the date of confinement: Provided, That this shall not apply where any inevitable reason exists, such as the continuance of holidays.
| Article 16 (Bathing of New Inmates) |
Each warden shall have any new inmate take a bath without delay unless the new inmate is sick or any unevitable reason exists.
| Article 17 (Record, etc. of Physical Characteristics of New Inmates) |
| (1) | Each warden shall record physical characteristics of new inmates, such as height, features, tattoos and scars, and contact information of their guardians, such as family members, in a register of confinement, and shall not permit correctional officers to peruse such register unless it is necessary for their duties. |
| (2) | Each warden shall designate a prisoner's number for new inmates and persons transferred from another correctional institution (hereinafter referred to as "transferred person") and have them attach the tag of number on their left chest in the upper clothes during confinement: Provided, That the tag of number may not be attached where deemed especially necessary for prisoners' edification or sound rehabilitation into society. |
| Article 18 (Confinement, etc. of New Inmates in Wards) |
| (1) | A new inmate shall be confined in a ward for new inmates for three days from the date of confinement unless he/she is sick or any inevitable reason exists. |
| (2) | No warden shall assign work to a person confined in a ward for new inmates under paragraph (1). |
| (3) | With respect to new inmates under the age of 19 years and other prisoners deemed especially necessary, any warden may extend the period referred to in paragraph (1) up to 30 days. |
| Article 19 (Preparation of Register of Confinement, etc.) |
Each warden shall prepare and maintain a register of confinement, list of prisoners and book of expiration of period of punishment within three days from the date new inmates or transferred persons are confined, and record necessary matters therein.
| Article 20 (Investigation of New Inmates' Personal Identity) |
| (1) | Each warden shall investigate matters concerning personal identity of new inmates and record them in a register of confinement. |
| (2) | If deemed inevitable for personal verification of new inmates, treatment of prisoners and other relevant matters, a warden may manage the information set forth in Article 23 of the Personal Information Protection Act, the information that constitutes the criminal history data under subparagraph 2 of Article 18 of the Enforcement Decree of the same Act, and the data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the same Decree. <Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012> |
| Article 21 (Notification of Reasons for Suspension of Execution of Punishment or Detention) |
Where deemed necessary to suspend the execution of a punishment or detention of prisoners for their health problem, each warden shall immediately report such fact to a public prosecutor with the medical certificate issued by a medical officer and the confirmation documents about the acceptor concerned and also to a court where prisoners are prosecuted.
| Article 22 (Rights to Approve Transfer by Commissioner of Regional Correctional Headquarters) |
| (1) | A commissioner of regional correction headquarters may approve the transfer of prisoners in any of the following cases under Article 20 (2) of the Act: |
| 1. | Where wards are temporarily lacking due to construction of confinement facilities; |
| 2. | Where deemed especially necessary to adjust an obvious imbalance of the number of confined people among correctional institutions; |
| 3. | Where deemed necessary to transfer prisoners urgently for maintaining security and order of correctional institutions. |
| (2) | The approval for transfer by the commissioner of regional correction headquarters under paragraph (1) shall be limited to the transfer within his/her jurisdictions. |
| Article 23 (Suspension of Transfer) |
Where a prisoner is transferred to other correctional institutions, if a warden receives a report from a medical officer that the prisoner cannot overcome such transfer due to his/her health problem, the warden shall suspend the transfer and inform the warden scheduled to receive him/her of such fact.
| Article 24 (Separation during Escort) |
While prisoners are escorted due to transfer, court attendance or other reasons, it is necessary to prevent contact between convicted prisoners and unconvicted prisoners, female prisoners and male prisoners, and prisoners under the age of 19 years and those 19 years old or more, in a manner that their seats are separated in each escorting vehicle.
CHAPTER II PROVISION OF GOODS
| Article 25 (Cautions to Observe at Time of Provision of Goods for Living) |
| (1) | In cases of providing clothing, bedclothes and other goods for living (hereinafter referred to as "clothing, etc.") under Article 22 (1) of the Act, each warden shall consider prisoners' health, season, etc. |
| (2) | Each warden shall provide prisoners with bowls with material to be particularly cleanly managed and in cases of providing clothing, etc. used by other people, each warden shall provide them after cleaning or sterilizing such clothing, etc. |
| Article 26 (Preparation of Appliances for Living) |
| (1) | Each warden shall prepare necessary appliances for living under confinement in a ward, place of work and other places where prisoners live (hereafter referred to as "ward, etc." in this Article). |
| (2) | The item list on which items and quantity of equipped appliances are recorded shall be posted in a ward, etc. |
| Article 27 (Supply of Food) |
Food to be provided to prisoners under Article 23 of the Act shall be principal food, subsidiary food, drink and other nutriments.
| Article 28 (Supply of Principal Food) |
| (1) | Principal food to be provided to prisoners shall be rice. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| (2) | Where deemed impracticable to supply rice or otherwise deemed necessary, a warden may provide a mixture of rice and mixed grain, such as barley, as principal food or provide substitute food. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| Article 29 (Supply of Special Food) |
Any warden may provide special food on a national holiday and other days equivalent thereto.
| Article 30 (Food for Patients) |
Any warden may decide differently the type or level of food to be supplied to patients, in light of the opinion of a medical officer.
| Article 31 (Standards for Goods to be Purchased by Prisoners at Their Own Expenses) |
Goods to be purchased by prisoners at their own expense shall be appropriate for their edification or sound rehabilitation into society and unlikely to harm the security and order of a correctional institution.
| Article 32 (Use of Clothing, etc. Purchased by Prisoners at Their Own Expenses) |
Any warden may provisionally hold the clothing, etc. purchased by prisoners at their own expense and permit prisoners to use them later.
| Article 33 (Laundry, etc. of Clothing, etc.) |
| (1) | Each warden shall clean, repair or substitute (hereafter referred to as "cleaning, etc." in this Article) the clothing, etc. used by prisoners in an appropriate time. |
| (2) | Any expenses incurred in the cleaning, etc. of clothing, etc. purchased by prisoners at their own expense shall be borne by prisoners. |
CHAPTER III MANAGEMENT OF MONEY AND VALUABLES
| Article 34 (Definition, etc. of Money and Valuables on Hand) |
| (1) | "Money and valuables on hand" in Article 25 of the Act means cash (including cashier's checks; hereinafter the same shall apply) and personal effects held by new inmates when they are confined in correctional institutions. |
| (2) | Personal effects of new inmates not falling under any subparagraph of Article 25 (1) of the Act may be used by prisoners after being kept in custody. |
| (3) | In cases of selling personal effects of new inmates under the proviso to Article 25 (1) of the Act, the balance other than the relevant expenses may be held provisionally. |
| (4) | Where any new inmate fails to dispose of his/her personal effects falling under any subparagraph of Article 25 (1) of the Act within the period determined by the Minister of Justice, the relevant warden shall notify such person thereof and then destroy them. |
| Article 35 (Provisional Holding of Money and Valuables) |
In cases of keeping in custody prisoners' cash, the relevant amount shall be recorded in a ledger of money kept in custody and in cases of keeping in custody prisoners' goods, the relevant item, quantity and size shall be recorded in a ledger of goods kept in custody.
| Article 36 (Custody of Valuables) |
Where goods kept in custody are gold, silver, jewelry, securities, seals and other valuables which need to be specially kept, the relevant warden shall keep them by placing them in a secure container with locking devices.
| Article 37 (Custody of Proceeds of Goods Kept in Custody) |
In cases of selling any goods kept in custody at prisoners' request, a warden may keep in custody of the balance other than the relevant expenses incurred in selling them.
| Article 38 (Use, etc. of Money Kept in Custody) |
| (1) | Where a prisoner applies for the use of money kept in custody to help his/her family (referring to his/her spouse, lineal ascendants or descendants or brothers and sisters; hereinafter the same shall apply) or lineal ascendants of his/her spouse, or to use such money for any justifiable purpose, a warden may permit it in light of the relevant conditions. |
| (2) | Any expenses incurred in using money kept in custody under paragraph (1) shall be borne by prisoners. |
| (3) | Necessary matters concerning receipts and disbursements, deposit, and custody of money and valuables kept in custody, etc. shall be prescribed by the Minister of Justice. |
| Article 39 (Treatment of Goods Exceeding Scope of Holding) |
| Article 40 (Destruction of Goods) |
In cases of destroying prisoners' goods, the relevant item, quantity, reason for destruction and date shall be recorded in the relevant book.
| Article 41 (Confirmation of Applicants for Delivery of Money and Valuables) |
Where any person other than prisoners applies for delivering money and valuables to prisoners under Article 27 (1) of the Act, the relevant warden shall confirm the name and address of such person and relations with prisoners.
| Article 42 (Use, etc. of Goods Permitted to Be Delivered) |
| (1) | In cases of permitting the delivery of money and valuables under Article 27 (1) of the Act, a warden may have prisoners use them after holding them provisionally. |
| (2) | Necessary matters concerning the scope of permission, etc. of money and valuables to be delivered to prisoners under Article 27 (1) of the Act shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 43 (Inspection of Goods Permitted to Be Delivered) |
Unless it is unnecessary to inspect the goods permitted to be delivered under Article 27 (1) of the Act, the relevant warden shall have any correctional officer inspect them. In such cases, where the relevant goods are medicine, the relevant warden shall have any medical officer inspect them.
| Article 44 (Exception to Custody) |
No food shall be kept in custody.
| Article 45 (Delivery of Money and Valuables Left) |
| (1) | Where a person who is to receive any goods left by a deceased prisoner has special reasons, such as living far away, a warden may, at his/her request, sell such goods and send the proceeds thereof. |
| (2) | Any expenses incurred in sending the goods left by a deceased prisoner under Article 28 of the Act or sending any proceeds by selling them under paragraph (1) shall be borne by a requester for such money and valuables left. |
CHAPTER IV HYGIENE AND MEDICAL CARE
| Article 46 (Establishment, etc. of Plan for Health and Hygiene Management) |
Each warden shall periodically establish and implement a plan for health and hygiene management in consideration of the health of prisoners, season and the conditions of facilities.
| Article 47 (Cleanliness and Sterilization of Facilities) |
| (1) | Each warden shall frequently clean and sterilize wards, places of work, bathrooms, other facilities jointly used by prisoners, kitchen, storehouse of principal and subsidiary food and other facilities related to supply of food. |
| (2) | Each warden shall clean and sterilize water supply facilities, such as water tank, at least once every six months. |
| Article 48 (Obligation of Cleanliness) |
Where a correctional officer provides prisoners with necessary instructions to keep clean any ward used by them, place of work, and other confinement facilities under Article 32 (1) of the Act, prisoners shall comply with such instructions.
| Article 49 (Outdoor Exercise) |
Each warden shall permit prisoners to do outdoor exercise within one hour during the working hours under Article 9 of the State Public Officials Service Regulations every day (excluding holidays and other days determined by the Minister of Justice): Provided, That a warden may not carry out the outdoor exercise any of the following cases: | 1. | Where it is deemed that outdoor exercise is unnecessary for the characteristics of the relevant work; |
| 2. | Where it is deemed that outdoor exercise is harmful to the health of prisoners due to diseases, etc.; |
| 3. | Where it is difficult to do outdoor exercise due to rain, investigation, trial and other inevitable reasons. |
| Article 50 (Frequency of Bathing) |
Each warden shall determine the frequency of prisoners' bathing in light of the characteristics of work, season and other circumstances, and he/she shall ensure that prisoners shall take baths at least once every week unless any inevitable condition exists.
| Article 51 (Frequency of Medical Examinations) |
| (1) | Each warden shall conduct medical examinations of prisoners at least once every year: Provided, That medical examinations shall be conducted for prisoners under the age of 19 years and prisoners under solitary confinement for safe guard at least once every six months. |
| Article 52 (Definition of Infectious Diseases) |
| Article 53 (Measures against Infectious Diseases) |
| (1) | Where any prisoner is suspected of being infected with an infectious disease, the relevant warden shall isolate him/her for at least one week and sterilize such prisoner's personal effects. <Amended by Presidential Decree No. 22564, Dec. 29, 2010> |
| (2) | Any warden may suspend the provision of food purchased at a prisoner's own expense where a disease is widespread. <Amended by Presidential Decree No. 22564, Dec. 29, 2010> |
| (3) | Where a prisoner is infected with an infectious disease, the relevant warden shall immediately isolate the infected prisoner and thoroughly sterilize the goods and facilities used by such prisoner. <Amended by Presidential Decree No. 22564, Dec. 29, 2010> |
| (4) | Each warden shall report the fact under paragraph (3) to the Minister of Justice without delay and notify the head of a competent regional public health clinic. |
| Article 54 (Confinement, etc. in Medical Wards) |
Where a prisoner is injured or infected with a disease, the relevant warden may confine him/her in a medical ward or have another prisoner attend the relevant prisoner.
| Article 54-2 (Medical Practice of Nurse) |
"Trivial medical practice prescribed by Presidential Decree" in Article 36 (2) of the Act means any of the following the medical practices: | 1. | Treatment of such familiar wounds as external injuries; |
| 2. | First aid to a prisoner who needs urgent treatment; |
| 3. | Treatment for preventing deterioration of wounds and diseases; |
| 4. | Instruction on and management of a patient's medical care; |
| 5. | Medications involved in the medical practices under subparagraphs 1 through 4. |
[This Article Newly Inserted by Presidential Decree No. 22257, Jul. 9, 2010]
| Article 55 (Treatment by External Doctors) |
Where deemed especially necessary, any warden may have a doctor who works for an external medical institution (hereinafter referred to as "external doctor") treat prisoners.
| Article 56 (Notification to Family of Patients Who Are Seriously Ill) |
Where a prisoner is seriously ill, the relevant warden shall notify his/her family of such fact without delay.
| Article 57 (Report on Hospitalization, etc. at External Medical Institutions) |
Where a warden has hospitalized prisoners at an external medical institution under Article 37 (1) of the Act or brought hospitalized prisoners to a correctional institution, he/she shall inform such fact to the Minister of Justice without delay.
CHAPTER V MEETING, CORRESPONDENCE AND TELEPHONE COMMUNICATION
| (2) | The duration of a meeting of a prisoner, other than unconvicted prisoners, with his/her defense counsel (including a person who desires to become a defense counsel; hereinafter the same shall apply) shall be up to 30 minutes per meeting. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| (3) | The frequency of meetings for convicted prisoners shall be permitted up to four times per month. |
| (4) | A meeting of a prisoner with an outside person shall be conducted at a place where the facilities to prevent contact have been installed: Provided, That this shall not apply in any of the following cases: <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| 1. | Where any unconvicted prisoner (including convicted prisoners who are undergoing investigation or trials for a criminal case, and prisoners on death row with fixed penalty) meets with his/her defense counsel; |
| 2. | Where a prisoner meets with an attorney-at-law who is his/her defense counsel and such meeting is not likely to harm the security or order of the relevant correctional institution. |
| (5) | Necessary matters concerning the frequency, time, place, etc. of meeting of prisoners, other than convicted prisoners, prisoners on death row with fixed penalty and unconvicted prisoners, in addition to those provided for in the Act and this Decree, shall be prescribed by the Minister of Justice. |
| (6) | If deemed inevitable for performing affairs concerning a meeting of a prisoner with a person outside of the relevant correctional institution, a warden may manage the data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 23488, Jan. 6, 2012> |
[Article 58 (4) determined unconstitutional by the Constitutional Court on August 29, 2013 was amended by Presidential Decree No. 25397 promulgated on June 25, 2014]
[The part concerning ‘convicted prisoner’ in Article 58 (2) and paragraph (3) of the same Article which were determined unconstitutional by the Constitutional Court on November 26, 2015 was reflected in Article 59-2 by Presidential Decree No. 27262 promulgated on June 28, 2016]
| Article 59 (Exception to Meeting) |
| (1) | Notwithstanding Article 58 (1) and (2), any warden may permit a convicted prisoner to meet with an outside person during the time other than the designated meeting hour and extend the meeting hour, where deemed especially necessary for such prisoner's edification or sound rehabilitation into society. |
| (2) | Notwithstanding Article 58 (3), any warden may increase the frequency of meetings where a convicted prisoner falls under any of the following cases: |
| 1. | Where a convicted prisoner is under the age of 19 years; |
| 2. | Where his/her correctional record is excellent; |
| 3. | Where deemed especially necessary for his/her edification or sound rehabilitation into society. |
| (3) | Notwithstanding Article 58 (4), where a convicted prisoner falls under paragraph (2) 2 or 3, a warden may permit such prisoner to meet with an outside person in a place where no facilities to prevent contact exist. |
| Article 59-2 (Meeting with Attorney-at-Law Who Is Defense Counsel) |
| (1) | Notwithstanding Article 58 (2), the duration of a meeting of a prisoner with an attorney-at-law who is his/her defense counsel, shall last 60 minutes each time. |
| (2) | The frequency of meetings of a prisoner with an attorney-at-law who is his/her defense counsel, shall be four times a month; and no such meeting shall be counted as a meeting prescribed in Articles 58 (3), 101, and 109. |
| (3) | Notwithstanding Article 58 (1) and paragraphs (1) and (2) of this Article, a relevant warden may allow meetings to take place outside the prescribed times and over the prescribed duration and frequency, where he/she deems that especially necessary in preparing for a relevant case, given the number of cases in litigation or the complexity of the relevant case. |
| (4) | Notwithstanding paragraphs (1) and (2), a relevant warden may decrease the duration and number of meetings if he/she deems that facilitating the meetings is considerably hindered, given the demand for meetings, conditions of meeting rooms, etc. In such cases, efforts shall be made to compensate for the decrease in the time and number, in the next round of meetings. |
| (5) | Except as otherwise expressly prescribed in paragraphs (1) through (4), matters necessary for the meetings of a prisoner with an attorney-at-law who is his/her defense counsel, shall be prescribed by Ordinance of the Ministry of Justice. |
[This Article Newly Inserted by Presidential Decree No. 27262, Jun. 28, 2016]
| Article 60 (Use of Foreign Languages during Meeting) |
| (1) | Where a prisoner meets with any outside person of a correctional institution and the details of the meeting are listened to, recorded or video recorded under Article 41 (2) of the Act, no foreign language shall be used: Provided, That a foreign language may be used where any circumstance makes it impracticable to communicate in Korean. |
| (2) | Where deemed necessary for cases under the proviso to paragraph (1), a warden may have a correctional officer or interpreter provide an interpretation service. |
| Article 61 (Notification of Cautions to Observe during Meeting) |
In cases of permitting a prisoner to meet with an outside person under Article 41 of the Act, the relevant warden shall inform such prisoner and his/her visitors of the matters which they should be cautious of during meeting in an appropriate manner, such as broadcasting or posting signboards.
| Article 62 (Listening to, Registering, Recording and Video Recording of Details of Meeting) |
| (1) | Any warden may have a correctional officer participate in a meeting of a prisoner, to listen to and register the content of the meeting as prescribed in Article 41 (2) of the Act, except in cases involving any of the following persons: <Amended by Presidential Decree No. 27262, Jun. 28, 2016> |
| 1. | An unconvicted prisoner meeting with his/her defense counsel; |
| 2. | A prisoner meeting with an attorney-at-law who is his/her defense counsel. |
| (2) | Under Article 41 (3) of the Act, each warden shall have a correctional officer inform prisoners and their visitors in an appropriate manner, orally or in writing, that the details of meetings are recorded and video recorded, in advance before they enter a meeting room, unless any special circumstance exists, |
| (3) | Each warden shall designate a handler of meeting information to protect and manage the archives of meetings that have been listened to, recorded or video recorded under Article 41 (2) of the Act, and no handler of meeting information shall use, for unreasonable purposes, any meeting information which he/she has come to his/her knowledge in the course of his/her duties, by disclosing, handling without authority or providing it for any other person's use, etc. |
| (4) | Where a warden is requested from the related agencies to provide the archives of meeting referred to in paragraph (3) on any of the following grounds, he/she may provide such archives: |
| 1. | Where it is necessary for the trials of the courts; |
| 2. | Where it is necessary to investigate a crime, and institute and maintain a public prosecution. |
| (5) | In cases of providing the archives recorded or video recorded under paragraph (4), the relevant warden shall have the handler of meeting information provided for in paragraph (3) input the name of organization requesting the provision of such archives, purpose of request, grounds for provision, scope of requested provision, and other necessary matters, to a management program of archives recorded or video recorded, and then separately record such archives on portable storage medium and provide them. |
| Article 63 (Notification of Reason for Suspension of Meeting) |
Where a correctional officer suspends a meeting of any prisoner under Article 42 of the Act, he/she shall immediately inform such prisoner of the relevant reason.
| Article 64 (Frequency of Correspondence) |
The frequency of correspondence sent and received by prisoners shall not be limited unless it violates any statute.
| Article 65 (Confirmation of Content of Correspondence) |
| (1) | Where a prisoner intends to send correspondence, he/she shall seal the relevant correspondence and submit it to a correctional institution: Provided, That a warden may require it to be submitted unsealed, when necessary to detect prohibited goods under Article 43 (3) of the Act in any of the following cases: <Amended by Presidential Decree No. 24348, Feb. 5, 2013; Presidential Decree No. 28296, Sep. 19, 2017> |
| 1. | Where any of the following prisoners intends to send correspondence to a person, other than a defense counsel; |
| (a) | Prisoners who commit crimes related to narcotics, organized violence, etc., under Article 104 (1) of the Act as prescribed by Ordinance of the Ministry of Justice; |
| 2. | Where a prisoner intends to send correspondence to another prisoner confined in the same correctional institution; |
| 3. | Where a prisoner who is under investigation or is subject to execution of disciplinary action due to a violation of rules intends to send correspondence to another prisoner. |
| (2) | Any warden may open correspondence forwarded to a prisoner and check whether it includes any prohibited goods. |
[Paragraph (1) of this Article determined unconstitutional by the Constitutional Court on February 23, 2012 was amended by Presidential Decree No. 24348 promulgated on February 5, 2013]
| Article 66 (Censorship of Content of Correspondence) |
| (1) | When a prisoner who falls under any of the following cases exchanges correspondence with another prisoner pursuant to Article 43 (4) 4 of the Act, a warden may censor the contents thereof: |
| 1. | Where the relevant person is a prisoner determined by Ordinance of the Ministry of Justice, such as a criminal of narcotics or organized violence under Article 104 (1) of the Act; |
| 2. | Where the prisoner is confined in the same correctional institution with those with whom he/she desires to exchange correspondence; |
| 3. | Where the prisoner is under investigation or is subject to execution of disciplinary action as he/she had violated the rules; |
| 4. | Where the prisoner is likely to destroy evidence of a crime. |
| (2) | The censorship of correspondence exchanged among prisoners referred to in paragraph (1) shall be conducted by a correctional institution from which the correspondence is sent: Provided, That where deemed especially necessary, the correctional institution to which the correspondence is sent may also censor them. |
| (3) | If any correspondence sent and received by a prisoner falls under any subparagraph of Article 43 (4) of the Act, a warden may open and censor it. <Newly Inserted by Presidential Decree No. 24348, Feb. 5, 2013> |
| (4) | If the content of correspondence is found, as a result of censorship under paragraph (3), not to fall under any grounds for prohibition of sending or receiving referred to in Article 43 (5) of the Act, a warden shall send the correspondence forward after sealing, and deliver the correspondence forwarded to the prisoner. <Newly Inserted by Presidential Decree No. 24348, Feb. 5, 2013> |
| (5) | Where a warden has censored the content of correspondence, he/she shall, without delay, notify the prisoner of such fact. <Newly Inserted by Presidential Decree No. 24348, Feb. 5, 2013> |
| Article 67 (Documents Sent by Related Agencies) |
Unless especially provided for in other statutes, each warden shall open and forward any documents sent by a court, police agencies or other related agencies to prisoners.
| Article 68 (Writing Correspondence, etc. for Someone Else) |
Where a prisoner is uncapable of writing correspondence, lawsuit documents and other documents by himself/herself and requests such writing on behalf of him/her, a warden may have a correctional officer write it on behalf of the prisoner.
| Article 69 (Bearing of Expenses for Sending Correspondence, etc.) |
Any expense incurred in sending correspondence, lawsuit documents and other documents of prisoners shall be borne by the relevant prisoner: Provided, That where the prisoner is unable to bear such expenses, a warden may bear the relevant expenses, within budgetary limits. <Amended by Presidential Decree No. 25397, Jun. 25, 2014>
| Article 70 (Telephone Communications) |
Articles 60 (1) and 63 shall apply mutatis mutandis to telephone communications of prisoners.
| Article 71 (Record of Reference Matters) |
Where a correctional officer is aware of any matters to be referred to in the treatment of prisoners during meeting of prisoners, receipt and sending of correspondence and telephone communications, he/she shall record the summary in a register of confinement.
CHAPTER VI BOOKS, BROADCASTING AND WRITING
| Article 72 (Use of Furnished Books) |
| (1) | Each warden shall periodically publicize the list of furnished books for prisoners to use them easily. |
| (2) | Necessary matters concerning the method, period, etc. to peruse furnished books shall be prescribed by the Minister of Justice. |
| Article 73 (Method of Radio Listening, etc.) |
Radio listening or television viewing by prisoners under Article 48 (1) of the Act may be done through broadcasting equipment installed in a correctional institution.
| Article 74 (Fees for Purchasing Writing Utensils) |
Fees for purchasing writing utensils shall be borne by prisoners: Provided, That where prisoners cannot afford them, a warden may provide them with necessary writing utensils.
| Article 75 (Writing Hours and Place) |
| (1) | Prisoners may write on holidays and within rest hours without limit of hours: Provided, That this shall not apply where any inevitable reason exists. |
| (2) | Prisoners may write in a ward, place of work or other designated places. |
| Article 76 (Mailing Out, etc. of Documents and Drawings) |
| (1) | Where prisoners desire to mail out or take out any documents or drawings written or drawn by themselves, the relevant warden shall confirm the details thereof and permit them to do so unless the relevant details fall under any subparagraph of Article 43 (5) of the Act. |
| (2) | Any fees incurred in mailing out or taking out any documents or drawings under paragraph (1) shall be borne by prisoners. |
| (3) | Necessary matters concerning the writing of prisoners, in addition to those provided for in the Act and in this Decree, shall be prescribed by the Minister of Justice. |
CHAPTER VII SPECIAL PROTECTION
| Article 77 (Bathing of Female Prisoners) |
| (1) | In cases of determining the frequency of female prisoners' bathing under Article 50, each warden shall particularly consider their physical characteristics. |
| (2) | Where safe guard is deemed necessary while a female prisoner takes a bath, the relevant warden shall have a female correctional officer do so. |
| Article 78 (Scope of Birth) |
"Where a prisoner has given birth (including miscarriage)" in Article 52 (1) of the Act means cases where the period of 60 days has not elapsed after birth (including miscarriage).
| Article 79 (Rearing of Infants) |
In cases of permitting rearing of infants under Article 53 (1) of the Act, the relevant warden shall designate and operate wards for rearing infants in a correctional institution.
| Article 80 (Transfer of Infants) |
| (1) | In cases of not permitting rearing of any infant, the relevant warden may send the relevant infant to any juristic person or individual deemed appropriate for protection of infants, in consideration of the opinion of the relevant prisoner: Provided, That where no appropriate juristic person or individual exists, the warden shall transfer the infant to the head of Si/Gun/Gu having jurisdiction over the area where the correctional institution is located for protection. |
| (2) | Where any infant permitted to be reared under Article 53 (1) of the Act turns 18 months of age after birth, or any prisoner who has obtained permission to rear an infant requests the revocation of such permission or falls under any subparagraph of Article 53 (1) of the Act, paragraph (1) shall also apply. |
| Article 81 (Definition of Older Prisoners, etc.) |
| (2) | "Prisoners with disabilities" in Article 54 (2) of the Act means prisoners prescribed by Ordinance of the Ministry of Justice who are deemed to have difficulty in normal living under confinement due to impairment of sight, hearing, language, handicap, etc. |
| (3) | "Foreign prisoners" in Article 54 (3) of the Act means prisoners that do not have Korean nationality. <Newly Inserted by Presidential Decree No. 26696, Dec. 10, 2015> |
| (4) | "Juvenile prisoners" in Article 54 (4) of the Act means the following persons: <Newly Inserted by Presidential Decree No. 26696, Dec. 10, 2015> |
| 1. | Prisoners under the age of 19; |
| 3. | Unconvicted prisoners under the age of 19. |
CHAPTER VIII TREATMENT OF CONVICTED PRISONERS
SECTION 1 Common Provisions
| Article 82 (Commencement of Treatment as Convicted Prisoners) |
| (1) | Any warden may treat unconvicted prisoners for whom punishment of restricting physical freedom has been fixed as convicted prisoners from the time when a public prosecutor's written direction for execution has arrived. |
| (2) | In cases falling under paragraph (1), the relevant public prosecutor shall send the court records and other legal documents to the relevant warden within ten days from the date when he/she directs the execution. |
| Article 83 (Facilities and Safe Guard per Level of Security) |
The confinement facilities and degree of safeguard referred to in subparagraphs of Article 57 (2) of the Act shall be prescribed by the Minister of Justice within the scope of not violating the provisions of the following subparagraphs: | 1. | They shall be appropriate for protecting life, bodies and rights of convicted prisoners; |
| 2. | They shall have the necessary minimum range for maintaining security and order of any correctional institution; |
| Article 84 (Grant, etc. of Treatment Level of Convicted Prisoners) |
| (1) | "Correctional records" in Article 57 (3) of the Act means the result of comprehensive evaluation of any convicted prisoner's attitude of living under confinement, awards and punishments, education, performance of work, etc. |
| (2) | Any warden may grant the treatment level according to the correctional record of a convicted prisoner in order to decide and adjust the treatment level of the convicted prisoner appropriately for the execution of a plan for individual treatment. |
| (3) | Necessary matters concerning the treatment level to be granted to convicted prisoners shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 85 (Council for Job Recommendation, etc. to Convicted Prisoners) |
| (1) | A council for job recommendation and business establishment support may be established in a correctional institution in order to assist convicted prisoners' sound rehabilitation into society. |
| (2) | Necessary matters concerning the structure, operation and other activities of the council referred to in paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
SECTION 2 Examination of Classification
| Article 86 (Institution in Exclusive Charge of Classification) |
In cases of designating and operating a correctional institution in exclusive charge of the examination of classification under Article 61 of the Act, the Minister of Justice shall ensure that one or more institutions be established at each regional correction headquarters.
| (1) | Each warden shall create an environment proper for education by installing educational rooms, etc. in order to efficiently conduct education under Article 63 of the Act. |
| (2) | Each warden shall establish and implement an education plan in light of persons eligible for education, conditions of the facilities, etc. |
| Article 88 (Cultivation of Sentiments) |
Where deemed necessary to cultivate sentiments of convicted prisoners, a warden may permit them to watch theater and movies, participate in sports events and other cultural and art activities.
SECTION 4 Work and Vocational Training
| Article 89 (Types of Work) |
Each warden shall determine types of work to be assigned to any convicted prisoner with approval of the Minister of Justice.
| Article 90 (Work, etc. of Juvenile Convicted Prisoners) |
In cases of assigning work to any convicted prisoner under the age of 19 years, the relevant warden shall consider level of such prisoner's psychological and physical maturity, educational effect, etc.
| Article 91 (Notification, etc. of Work) |
| (1) | In cases of assigning work to convicted prisoners, the relevant warden shall determine the type of work and process of work and notify them thereof. |
| (2) | The process of work referred to in paragraph (1) shall be determined in light of records of work, working hours, level of difficulty of work and skill. Where it is difficult to determine the process of work, working hours shall be deemed the process of work. |
| Article 92 (Confirmation of Result of Work) |
Each warden shall have a correctional officer confirm the result of work of convicted prisoners on a daily basis.
| Article 93 (Cancellation of Work Requested) |
Where any convicted prisoner requests the cancellation of work assigned to him/her under Article 67 of the Act, the relevant warden may cancel work in light of intention and health of the relevant convicted prisoner, an opinion of a correctional officer, etc.
| Article 94 (Furnishing of Facilities, etc. for Training for Vocational Qualifications Development) |
Each warden shall furnish necessary facilities and devices for practice in cases of conducting a training for vocational qualifications development under Article 69 of the Act.
| Article 95 (Intensive Work) |
"Work requiring intensive labor" in Article 70 (1) of the Act means the work done throughout working hours except for rest time, without participating in any meetings, telephone communications, educational and joint events, etc. during daily working hours, at convicted prisoners' requests.
"Other holidays" in Article 71 of the Act means the Day of Correction under the Regulations on Various Commemoration Days, Etc. and any day especially designated by a warden. <Amended by Presidential Decree No. 28296, Sep. 19, 2017>
| Article 97 (Measures for Prisoners on Leave) |
| (1) | In cases of permitting a prisoner to take leave for at least two days under Article 77 of the Act, the relevant warden shall notify such fact to the chief of the police agency having jurisdiction over the leave destination of such prisoner who is permitted to take leave (hereinafter referred to as "prisoner on leave"). |
| (2) | Where any serious accident happens to a prisoner on leave due to natural disaster or for other reasons, he/she shall report such fact to an adjacent correctional institution or police agency and may request necessary protection. |
| (3) | The head of any correctional institution or police agency who is requested to provide protection referred to in paragraph (2) shall report the fact to the warden who has permitted the leave without delay and take necessary protective measures. |
CHAPTER IX TREATMENT OF UNCONVICTED PRISONERS
| Article 98 (Facilities of Confinement Institution for Unconvicted Prisoners and Degree of Safe Guard) |
The facilities of an institution where unconvicted prisoners are confined and the degree of safe guard shall correspond to those of general security institution referred to in Article 57 (2) 3 of the Act.
| Article 99 (Support of Legal Aid) |
Where deemed that any unconvicted prisoner cannot exercise his/her rights enough during the course of investigation and trial since he/she is poor or ignorant, the relevant warden may provide him/her with necessary legal aid.
| Article 100 (Separate Confinement of Accomplices) |
In cases of escorting unconvicted prisoners out of a correctional institution due to transfer, court attendance or other reasons, the relevant warden shall prohibit them from contacting those who are related to the relevant case by separating the seats in an escorting vehicle.
| Article 101 (Frequency of Meetings) |
The frequency of meetings of an unconvicted prisoner shall be limited to once a day and it shall not include the meetings with a defense counsel.
| Article 102 (Exception to Meetings) |
Notwithstanding Article 58 (1), where deemed especially necessary for treatment of unconvicted prisoners, the relevant warden may allow them to have a meeting out of the time of meeting. Notwithstanding Articles 58 (2) and (4), and 101, also in cases of their meetings with persons other than their defense counsels, the relevant warden may extend meeting hours or increase the frequency of meetings and allow them to have meetings in the place where no facilities to prevent contact exist.
| Article 103 (Education, Edification and Work) |
| (1) | Education or edification programs, or work for unconvicted prisoners referred to in Article 86 (1) of the Act shall not be conducted out of a correctional institution. |
| (2) | Where any unconvicted prisoner requests the cancellation of work assigned to him/her under Article 86 (1) of the Act, the relevant warden may cancel the work in light of intention and health of the relevant unconvicted prisoner, an opinion of a correctional officer, etc. |
| Article 104 (Notification of Abscondence, etc.) |
Where an unconvicted prisoner absconds or such absconding unconvicted prisoner is arrested, the relevant warden shall report such fact to a public prosecutor and to a court, if such prisoner is prosecuted, without delay.
| Article 105 (Notification of Death, etc.) |
Where an unconvicted prisoner is in critical condition or deceased, the relevant warden shall report such fact to a public prosecutor and to a court, if such prisoner is prosecuted, without delay.
| Article 106 (Medical Treatment, etc. by External Doctors) |
| Article 107 (Period of Confinement in Detention Rooms) |
No convicted prisoner shall be confined for at least 30 days in a detention room installed in a police agency.
CHAPTER X TREATMENT OF PRISONERS ON DEATH ROW WITH FIXED PENALTY
| Article 108 (Facilities of Confinement Institution for Prisoners on Death Row with Fixed Penalty and Level of Safe Guard) |
The facilities of an institution where prisoners on death row with fixed penalty are confined and the level of safe guard shall correspond to those of a general security institution referred to in Article 57 (2) 3 of the Act or a heavy security institution referred to in Article 57 (2) 4 of the Act. <Amended by Presidential Decree No. 28296, Sep. 19, 2017>
| Article 109 (Frequency of Meetings) |
The frequency of meetings of prisoners on death row with fixed penalty shall be limited to four times a month.
| Article 110 (Exception to Meetings) |
Notwithstanding Articles 58 (1), (2) and (4), and 109, where deemed especially necessary for promoting edification or psychological stability of prisoners on death row with fixed penalty, the relevant warden may allow them to have meetings even out of the time of meeting, extend meeting hours or increase the frequency of meeting and allow them to have meetings in the place where no facilities to prevent contact exist.
| Article 111 (Inquests after Execution of Death Sentence) |
No warden shall, upon executing a death sentence, unfasten the hanging rope unless five minutes elapses after the corpse is examined. <Amended by Presidential Decree No. 25397, Jun. 25, 2014>
CHAPTER XI SECURITY AND ORDER
| Article 112 (Inspection of Wards, etc.) |
Each warden shall have a correctional officer periodically inspect the wards and places of work of prisoners and other places where prisoners live (hereafter referred to as "wards, etc." in this Article): Provided, That any warden may have a correctional officer frequently inspect the wards, etc. of prisoners suspected of hiding the prohibited goods referred to in Article 92 of the Act and prisoners determined by Ordinance of the Ministry of Justice, such as prisoners who committed crimes related to narcotics and organized violence referred to in Article 104 (1) of the Act.
| Article 113 (Inspection of Bodies, etc.) |
Each warden shall have a correctional officer inspect the bodies, clothes and personal effects of prisoners who return from a place of work or outdoors to their wards: Provided, That this shall not apply where the inspection is not deemed necessary in light of the correctional records, etc.
| Article 114 (Use of Inspection Devices) |
Any correctional officer may use detection dogs, metal detectors and other devices to conduct an inspection under Article 93 of the Act.
| Article 115 (Entry and Exit by Outsiders) |
| (2) | If deemed inevitable for performing affairs concerning entry and exit by outsiders to/from the correctional institution, a warden may manage the data containing resident registration numbers, passport numbers, driver’s license numbers, or alien registration numbers under Article 19 of the Enforcement Decree of the Personal Information Protection Act. <Newly Inserted by Presidential Decree No. 25532, Aug. 6, 2014> |
| Article 116 (Blockage from Outside World) |
| (1) | Outside gates, entrances, wards, places of work and other places where prisoners are confined in any correctional institution shall be blocked from outside world: Provided, That in cases of temporarily opening such places for necessity, such places shall be guarded. |
| (2) | Every correctional officer shall prevent prisoners from contacting outsiders unless it is necessary for meeting, counselling, medical treatment and treatment of prisoners. |
| Article 117 (Restrictions on Opening, etc. of Wards) |
Unless it is necessary for treatment of prisoners, such as investigations, trials, exercises, meetings and medical treatment, or for maintenance of security and order of a correctional institution, such as prevention of suicide and fire fighting, no warden shall open the gates of prisoners' wards nor allow them to get out of the wards.
| Article 118 (Prevention of Leaving Obstacles) |
No object that may hinder one's view or become an obstacle for safe guard shall be left on the premises of a correctional institution.
| Article 119 (Suspension of Confinement in Protective Cells, etc.) |
| (1) | Where a medical officer deems it inappropriate to continue confining prisoners in a protective cell or suppression cell after checking health of prisoners who have been kept in the protective cell or suppression cell under Articles 95 (5) and 96 (4) of the Act, he/she shall report such fact to the relevant warden immediately. In such cases, unless any special reason exists, the warden shall suspend the confinement of prisoners in the protective cell or suppression cell immediately. |
| (2) | Where a medical officer cannot perform his/her duties provided for in Articles 95 (5) and 96 (4) of the Act due to business trip, vacation and any inevitable reasons, the relevant warden may have a staff member related to medical care working for the relevant correctional institution perform such duties by proxy. |
| Article 120 (Use of Protective Equipment) |
| (1) | No correctional officer shall use protective equipment to prisoners without a warden's order: Provided, That where there is no enough time to receive the order of the warden, the correctional officer shall report immediately to the warden after using the protective equipment. |
| (2) | Necessary matters concerning the size of protective equipment and method of using it, in addition to those provided for in the Act and in this Decree, shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 121 (Suspension, etc. of Use of Protective Equipment) |
| (1) | Where a medical officer deems it inappropriate to continue using protective equipment to prisoners for their health problem, he/she shall report such fact to the relevant warden immediately. In such cases, unless any special reason exists, the warden shall suspend the use of protective equipment immediately. |
| (2) | Article 119 (2) shall apply mutatis mutandis to cases where a medical officer cannot perform his/her duties provided for in Article 97 (3) of the Act due to business trip, vacation and any inevitable reasons. |
| Article 122 (Notification of Reasons for Using Protective Equipment) |
In cases of using protective equipment, reasons for using it shall be notified to prisoners.
| Article 123 (Designation of Ward for Prisoner Wearing Protective Equipment) |
Any prisoner wearing protective equipment shall be placed in solitary confinement for safe guard unless any special condition exists.
| Article 124 (Supervision of Use of Protective Equipment) |
| (1) | In cases of ordering the use of protective equipment, the relevant warden shall frequently confirm and check the actual status of the relevant use. |
| (2) | Each commissioner of regional correction headquarters shall periodically check the actual status of using protective equipment in the correctional institution whereto he/she belongs. |
| Article 125 (Excercise of Coercive Power) |
No correctional officer shall exercise coercive power under Article 100 of the Act without a warden's order: Provided, That where time is insufficient to obtain the order of the warden, he/she shall file a report with the warden immediately after exercising coercive power. <Amended by Presidential Decree No. 25397, Jun. 25, 2014>
| Article 126 (Report on Use of Arms) |
In cases of using any arms under Article 101 of the Act, correctional officers shall file a report thereon with the relevant warden immediately, and the warden shall, upon receipt of such report, report it to the Minister of Justice immediately. <Amended by Presidential Decree No. 25397, Jun. 25, 2014>
| Article 127 (Measures in Cases of Natural Disasters) |
| (1) | Any warden may designate a prisoner with an excellent correctional record and give him/her an adequate training, in order to have him/her engage in the support of emergency work under Article 102 (1) of the Act. |
| (2) | Where a warden releases prisoners temporarily under Article 102 (3) of the Act, he/she shall inform them of the deadline and place of attendance under paragraph (4) of the same Article. |
| Article 128 (Measures in Cases of Abscondence, etc.) |
| (1) | Where a prisoner absconds or engages in any act of the subparagraphs of Article 133 of the Act (hereafter referred to as "abscondence, etc." in this Article), the relevant warden shall without delay notify the police agency having jurisdiction over the location of the relevant correctional institution and its adjacent areas, or over a region where the person who absconds (hereafter referred to as "fugitive" in this Article) is likely to hide himself/herself, of the fact along with a photograph or personal descriptions of the fugitive. |
| (2) | Where a prisoner engages in abscondence, etc. or a fugitive is arrested, the relevant warden shall report such fact to the Minister of Justice without delay. |
| Article 128-2 (Payment of Reward) |
| (1) | The Minister of Justice may, within budgetary limits, pay a reward to a person who arrests a prisoner committing a crime prescribed in Article 145 or 146 of the Criminal Act or in subparagraphs of Article 133 of the Act, or a person who helps an administrative agency or investigative agency arrest such prisoner by providing information to such agency. |
| (2) | Criteria for and methods of paying rewards, and other necessary matters shall be prescribed by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 26696, Dec. 10, 2015]
| Article 128-3 (Application for Payment of Reward) |
| (1) | Any person who desires to receive a reward shall submit an application for payment to the commissioner of the competent regional correction headquarters, as prescribed by the Minister of Justice. |
| (2) | The commissioner of the competent regional correction headquarters who has received an application under paragraph (1) shall submit such application to the Minister of Justice along with documentation prescribed by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 26696, Dec. 10, 2015]
| Article 128-4 (Withdrawal of Reward Paid) |
Where any of the following facts is discovered after a reward has been paid pursuant to Article 128-2 (1), the Minister of Justice may withdraw the relevant reward: | 1. | Where a person has received a reward by fraudulent means, such as gathering evidence by illegal or wrongful means, making a false report, making a false statement, or forging evidence; |
| 2. | Where a person has received a reward, etc. pursuant to other statutes by the same cause mentioned above; |
| 3. | Where a reward has been erroneously paid for other reasons, such as a mistake. |
[This Article Newly Inserted by Presidential Decree No. 26696, Dec. 10, 2015]
CHAPTER XII DISCIPLINARY ACTION
| Article 129 (Convocation of Disciplinary Committee) |
A disciplinary committee under Article 111 of the Act (hereafter referred to as the "committee" in this Chapter) shall be convened by the chairperson at the relevant warden's request for disciplinary action.
| Article 130 (Vicarious Execution of Chairperson's Duties) |
Where the chairperson of the committee is unable to perform his/her duties due to any inevitable reasons, a member of the committee designated by the chairperson in advance shall assume his/her duties.
| Article 131 (Exclusion of Members) |
Where any member of the committee is in charge of investigating the relevant act subject to disciplinary action, he/she may not attend the relevant committee.
| Article 132 (Notification of Resolution of Disciplinary Action) |
Where the committee resolves disciplinary action, it shall notify the relevant warden thereof immediately.
| Article 133 (Execution of Disciplinary Action) |
| (1) | Each warden shall, upon receipt of the notification referred to in Article 132, execute disciplinary action without delay. |
| (2) | Where any prisoner is subject to disciplinary action and thereby is under restriction of meeting with an outside person, receiving and sending any correspondence, or making telephone communications, the relevant warden shall notify such fact to his/her family: Provided, That this shall not apply where the prisoner does not want such notification. <Amended by Presidential Decree No. 25397, Jun. 25, 2014> |
| (3) | Deleted. <by Presidential Decree No. 28296, Sep. 19, 2017> |
| (4) | In cases of completing the execution of disciplinary action referred to in subparagraphs 13 and 14 of Article 108 of the Act, the relevant warden shall have a medical officer check the health of the relevant prisoner without delay. |
| (5) | Article 119 (2) shall apply mutatis mutandis to cases where a medical officer cannot perform his/her duties provided for in Article 112 (4) of the Act or paragraph (4) of this Article due to business trip, vacation and any inevitable reasons. |
| Article 134 (Continuance of Execution of Disciplinary Action) |
Where any prisoner under execution of disciplinary action referred to in subparagraphs 4 through 14 of Article 108 of the Act is transferred to another correctional institution or attends a court or prosecutors' office, etc., it shall be deemed that the execution of disciplinary action is continuing.
| Article 135 (Calculation of Period of Disciplinary Action) |
Where the execution of disciplinary action is temporarily suspended under Article 113 (1) of the Act and the reason for such suspension is terminated, the relevant warden shall resume the execution of disciplinary action without delay. In such cases, the number of days from the following day after the execution is suspended to the day before the execution is resumed, shall not be counted in the period of disciplinary action.
| Article 136 (Disciplinary Action against Prisoners Transferred) |
Where a prisoner engages in an act subject to disciplinary action while being transferred or is found to have engaged in such act in another correctional institution after being transferred, the warden to whom such prisoner is transferred shall impose disciplinary action on him/her.
| Article 137 (Recording Matters on Disciplinary Action) |
Each warden shall enter matters concerning disciplinary action of a prisoner in a register of confinement and an execution book of disciplinary action.
CHAPTER XIII REMEDY AGAINST INFRINGEMENT OF RIGHTS
| Article 138 (Interview with Warden) |
| (1) | Where any prisoner applies for an interview with a warden under Article 116 (1) of the Act, the warden shall record personal information of the relevant prisoner in an interview book and interview prisoners in the order of applications unless any special reason exists. |
| (2) | After interviewing a prisoner under paragraph (1), the relevant warden shall enter the summary of such interview in an interview book. |
| (3) | Where a warden does not accept a prisoner's application for an interview since the prisoner falls under any subparagraph of Article 116 (2) of the Act, he/shall inform the relevant prisoner of the reason. |
| Article 139 (Petitions to Public Official on Circuit Inspection) |
| (1) | Where a prisoner files a petition with a public official on a circuit inspection (referring to a public official working for the Minister of Justice or the competent agency, who receives the order of a circuit inspection from the Minister of Justice under Article 8 of the Act; hereinafter the same shall apply) under Article 117 (1) of the Act, the relevant warden shall enter the personal information of such prisoner in a petition book. |
| (2) | Where a prisoner makes an oral petition under the proviso to Article 117 (2) of the Act, a public official on a circuit inspection shall record the summary of such petition in a petition book. |
| (3) | Where a public official on a circuit inspection determines the petition referred to in Article 117 (1) of the Act, he/she shall record the summary of such decision in a petition book. |
| (4) | Where deemed inappropriate to determine alone the petition referred to in Article 117 (1) of the Act, a public official on a circuit inspection shall report the details of the petition to the Minister of Justice. |
| (5) | Necessary matters concerning standards of, procedures, etc. for handling petitions shall be prescribed by the Minister of Justice. |
| Article 139-2 (Expected Amount of Expenses, etc. for Information Disclosure) |
| (2) | Where a prisoner who is subject to Article 117-2 (2) of the Act has requested disclosure of information, the Minister of Justice, the commissioner of regional correction headquarter, or the warden may calculate the amount of expenses referred to in paragraph (1) and notify the relevant prisoner to pay in advance therefor, within seven days from the date the relevant prisoner requests the disclosure of information. |
| (3) | A prisoner who has received notification to pay for expenses under paragraph (2) shall make payment therefor to the Minister of Justice, the commissioner of regional correction headquarter, or the warden in cash or by revenue stamp, within seven days from the date he/she receives such notification. |
| (4) | Where a prisoner fails to pay for the expenses under paragraph (1) until the deadline for payment under paragraph (3), the Minister of Justice, the commissioner of regional correction headquarter, or the warden may notify the relevant prisoner of suspension of decision on whether the information is disclosed. |
| (5) | Where the payment under paragraph (1) is made, the Minister of Justice, the commissioner of regional correction headquarter, or the warden shall rapidly decide on whether the information is disclosed. |
| (6) | Where the Minister of Justice, the commissioner of regional correction headquarter, or the warden decides not to disclose information, he/she shall return all the expenses paid under paragraph (3), and where he/she decides to partially disclose it, the remainder after deducting the expenses for the portion decided to be disclosed shall be returned. |
| (7) | Notwithstanding paragraphs (2) through (5), the Minister of Justice, the commissioner of regional correction headquarter, or the warden may decide on whether the information is disclosed, before the expenses under paragraph (1) are paid. |
| (8) | The detailed method of paying for and returning the expenses referred to in paragraph (1) and other necessary matters shall be prescribed by the Minister of Justice. |
[This Article Newly Inserted by Presidential Decree No. 22257, Jul. 9, 2010]
PART III TERMINATION OF CONFINEMENT
| Article 140 (Notification of Instructions to Be Observed by Parolees) |
In cases of releasing provisionally convicted prisoners according to permission for parole referred to in Article 122 (2) of the Act, the relevant warden shall educate parolees, give them instructions to be observed and issue certificates to them.
| Article 141 (Counselling, etc. with Prisoners to Be Released) |
Where deemed necessary for sound rehabilitation into society, a warden may confine any convicted prisoner to be released in a separate ward up to three days prior to his/her release, and may counsel with and advise such prisoner about his/her future.
| Article 142 (Preliminary Investigation of Prisoners to Be Released on Expiration of Period of Punishment) |
With respect to convicted prisoners to be released on the expiration of their period of punishment, the relevant warden shall investigate the matters concerning protection after release, by not later than ten days before release.
| Article 143 (Notification of Correctional Records, etc. of Prisoners to Be Released) |
| (1) | Where deemed necessary for the protection of convicted prisoners to be released, prevention of second offense, etc., a warden may notify his/her opinions on their personality, correctional records or protection, to the police agency having jurisdiction over the address of such prisoners or to the juristic person or individual who will take over and look after them: Provided, That the consent of the relevant convicted prisoners shall be obtained in cases of notifying such opinions to the juristic person or individual. <Amended by Presidential Decree No. 28296, Sep. 19, 2017> |
| Article 144 (Protective Measures for Prisoners to Be Released) |
Where deemed especially necessary for releasing convicted prisoners, a warden may request the Korea Rehabilitation Agency to protect them. <Amended by Presidential Decree No. 21350, Mar. 18, 2009>
| Article 145 (Recovery of Expenses for Returning Home) |
Where a warden lends persons to be released money or clothes for returning home under Article 126 of the Act, he/she shall recover them unless any special reason exists.
| Article 145-2 (Issuing a Certificate) |
Upon application by any of the following persons, a relevant warden may issue a certificate stating the fact of confinement or release after confinement:
| 2. | Any person designated by a prisoner; |
| 4. | Any person designated by a released person. |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 145-3 (Processing Personally Identifiable Information) |
[This Article Newly Inserted by Presidential Decree No. 27960, Mar. 27, 2017]
| Article 146 (Notification of Death) |
Where a warden notifies the death of a prisoner under Article 127 of the Act, he/she shall also notify the matters, such as the date and time, place and reason of death.
Upon death of a prisoner, the relevant warden shall examine the corpse. <Amended by Presidential Decree No. 25397, Jun. 25, 2014>
| Article 148 (Record of Death, etc.) |
| (1) | Where a prisoner dies of disease, a medical officer shall record the name of the disease, the case history, the cause of death, and the date and time of death in a death book and sign the book. |
| (2) | Where a prisoner commits suicide or dies for other reasons, the relevant warden shall report such fact to a public prosecutor and also to a court where such prisoner is prosecuted, and after the inquest is completed, the relevant warden shall record the identities and names of the coroner and participants and the results of the inquest in a death book. |
| (3) | Where corpses are transferred, cremated, buried temporarily, buried in a group, or buried naturally pursuant to Article 128 of the Act, the relevant warden shall record such fact in a death book. <Amended by Presidential Decree No. 26696, Dec. 10, 2015> |
| Article 149 Deleted. <by Presidential Decree No. 26696, Dec. 10, 2015> |
| Article 150 (Signs, etc. of Temporary Burial Site) |
| (1) | In cases of temporary burial or enshrinement of a corpse, the relevant warden shall set a sign stating the name of the deceased person at the place of burial or enshrinement, and record and manage the place of registration of his/her family relation, his/her name and the date and time of his/her death in a separate book. <Amended by Presidential Decree No. 26696, Dec. 10, 2015> |
| (2) | Where corpses or remains are buried in a group, the relevant warden shall record in a book of burial in a group, the places of registration of family relation, names, and date and time of death of persons buried in a group, and place a gravestone over the grave. <Amended by Presidential Decree No. 26696, Dec. 10, 2015> |
PART IV CORRECTION COMMISSIONERS, ETC.
| Article 151 (Correction Commissioners) |
| (1) | In cases of having a correction commissioner under Article 130 of the Act, the warden may have a correction commissioner edify and counsel with prisoners for the promotion of improvement of prisoners and their stable living under confinement. |
| (2) | Any correction commissioner may propose necessary opinion to a warden for the resolution of grievance, correction and edification of prisoners. |
| (3) | Necessary matters concerning the term of office, commission and dismissal of correction commissioners and matters to be observed by them, etc. shall be prescribed by the Minister of Justice. |
| Article 152 (Matters to Be Observed by Outsiders) |
Correction commissioners, correction advisors and other outsiders who works for correctional institutions shall not divulge nor disclose any matters on the security and order of correctional institutions and personal information on prisoners they have come to know while working for correctional institutions.
| Article 153 (Acceptance, etc. of Donations) |
| (1) | In cases of accepting any donations referred to in Article 131 of the Act, the relevant warden shall issue receipts to donating agencies, organizations or individuals (hereafter referred to as "donors" in this Chapter): Provided, That this shall not apply where donation is made anonymously or it is impossible to know the donors. |
| (2) | Where a donor contributes donations by designating the purpose of such donations, the relevant warden shall use them for the relevant purpose: Provided, That where any special reason exists for which it is difficult to use them for the designated purpose, the warden may use them for other purposes by obtaining the consent from such donor. |
| (3) | Necessary matters concerning the acceptance, use, etc. of donations to correctional institutions shall be prescribed by the Minister of Justice. |
ADDENDA
Article 1 (Enforcement Date)
This Decree shall enter into force on December 22, 2008.
Article 2 Omitted.
Article 3 (Relation with Other Statutes)
Where the previous Enforcement Decree of the Criminal Administration Act or its provisions are cited by other statutes at the time this Decree enters into force and this Decree has any provisions falling under the cited provisions, this Decree and the corresponding provisions of this Decree shall be deemed to be cited.
ADDENDA <Presidential Decree No. 21350, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 27, 2009.
Article 2 Omitted.
ADDENDA <Presidential Decree No. 21356, Mar. 18, 2009>
Article 1 (Enforcement Date)
This Decree shall enter into force on March 22, 2009.
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 22257, Jul. 9, 2010>
This Decree shall enter into force on the date of its promulgation.
ADDENDA <Presidential Decree No. 22564, Dec. 29, 2010>
Article 1 (Enforcement Date)
This Decree shall enter into force on December 30, 2010. (Proviso Omitted.)
Articles 2 through 8 Omitted.
ADDENDA <Presidential Decree No. 23488, Jan. 6, 2012>
Article 1 (Enforcement Date)
This Decree shall enter into force on the date of its promulgation. (Proviso Omitted.)
Article 2 Omitted.
ADDENDUM <Presidential Decree No. 24348, Feb. 5, 2013>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 25397, Jun. 25, 2014>
This Decree shall enter into force on the date of its promulgation: Provided, That the amended provisions of Article 12 (2) shall enter into force three months after the date of its promulgation.
ADDENDUM <Presidential Decree No. 25532, Aug. 6, 2014>
This Decree shall enter into force on August 7, 2014.
ADDENDUM <Presidential Decree No. 26696, Dec. 10, 2015>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27262, Jun. 28, 2016>
This Decree shall enter into force on the date of its promulgation.
ADDENDUM <Presidential Decree No. 27960, Mar. 27, 2017>
This Decree shall enter into force on March 30, 2017. (Proviso Omitted.)
ADDENDUM <Presidential Decree No. 28296, Sep. 19, 2017>
This Decree shall enter into force on the date of its promulgation.