ACT ON EXECUTION OF SENTENCES AND TREATMENT OF INMATES
Wholly Amended by Act No. 8728, Dec. 21, 2007
Amended by Act No. 9136, Dec. 11, 2008
Act No. 9847, Dec. 29, 2009
Act No. 10273, May 4, 2010
Act No. 10865, Jul. 18, 2011
Act No. 11005, Aug. 4, 2011
Act No. 12900, Dec. 30, 2014
Act No. 13235, Mar. 27, 2015
Act No. 13721, Jan. 6, 2016
Act No. 14170, May 29, 2016
Act No. 14281, Dec. 2, 2016
Act No. 15259, Dec. 19, 2017
PART I GENERAL PROVISIONS
The purpose of this Act is to promote correction and edification of convicted prisoners and their sound rehabilitation into society and to prescribe necessary matters concerning treatment and rights of prisoners and operation of correctional institutions.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14281, Dec. 2, 2016>
| 1. | The term "prisoners" means convicted prisoners, unconvicted prisoners, prisoners on death row with fixed penalty, etc., who are confined in a prison, detention center and branches thereof (hereinafter referred to as "correctional institutions") pursuant to an Act and a legal procedure; |
| 2. | The term "convicted prisoners" means persons finally and irrevocably sentenced to imprisonment with labor, imprisonment without labor, or penal detention and confined in a correctional institution; and persons ordered to be detained in a workhouse for default of the full payment of a fine or minor fine; |
| 3. | The term "unconvicted prisoners" means criminal suspects or criminal defendants confined in correctional institutions after being arrested or upon the execution of a warrant of confinement; |
| 4. | The term "prisoners on death row with fixed penalty" means persons sentenced to death penalty, the sentence of which has been irrevocably finalized. |
| Article 3 (Scope of Application) |
This Act shall apply to premises of correctional institutions and other places in which correctional officers keep safe guard of prisoners and the control of whom is required.
| Article 4 (Respect for Human Rights) |
Human rights of prisoners shall be respected to the utmost in the enforcement of this Act.
| Article 5 (Prohibition of Discrimination) |
Prisoners shall, without reasonable grounds, not be discriminated on the grounds of sex, religion, disability, age, social status, region of origin, state of origin, nation of origin, physical conditions including features, medical history, whether married or not, political opinion, sexual orientation, etc.
| Article 6 (Scale and Facilities of Correctional Institutions) |
| (1) | Each correctional institution to be newly built shall accommodate up to 500 persons: Provided, That its scale may be enlarged, in consideration of functions and location or other conditions of the correctional institution. |
| (2) | Wards, places of work, reception rooms or other facilities for living under confinement in correctional institutions shall be installed to fulfill their own purposes and functions. In particular, wards shall be equipped with sufficient space and facilities for lighting, ventilation and heating so that prisoners may lead a healthy life. |
| Article 7 (Entrusting Establishment and Operation of Correctional Institutions to Private Entity) |
| (1) | The Minister of Justice may entrust a part of the duties concerning the establishment and operation of correctional institutions to either a corporation or an individual. |
| (2) | Qualifications for a corporation or an individual who may be entrusted under paragraph (1), standards for the facilities of correctional institutions, standards for selection of persons to be subject to confinement, standards for treatment of prisoners, procedures for entrustment, supervision by the State, and other necessary matters shall be determined separately by another Act. |
| Article 8 (Circuit Inspection on Correctional Institutions) |
The Minister of Justice shall conduct a circuit inspection on the correctional institutions or have a public official under his/her control conduct the said inspection at least once every year, in order to grasp actual conditions of the operation of correctional institutions, the services of correctional officers, the treatment and human rights of prisoners, etc. <Amended by Act No. 14170, May 29, 2016>
| Article 9 (Inspections of and Visits to Correctional Institutions) |
| (1) | Judges or public prosecutors may inspect correctional institutions if necessary for their duties. |
| (2) | Where any person other than a judge or a public prosecutor under paragraph (1) intends to visit correctional institutions, he/she shall obtain permission of the head of the relevant correctional institution (hereinafter referred to as "warden") by specifying justifiable grounds, such as academic research. |
| Article 10 (Duties of Correctional Officers) |
Matters concerning the duties of correctional officers, in addition to those provided for in this Act, shall be determined separately by another Act.
PART II TREATMENT OF PRISONERS
| Article 11 (Separate Confinement) |
| (1) | Prisoners shall be confined separately according to the following classification: <Amended by Act No. 9136, Dec. 11, 2008> |
| 1. | Prisoners 19 years of age or older: Prisons; |
| 2. | Prisoners under the age of 19 years: Juvenile reformatories; |
| 3. | Unconvicted prisoners: Detention centers; |
| 4. | Prisoners on death row with fixed penalty: Prisons or detention centers. In such cases, standards for specific classification shall be prescribed by Ordinance of the Ministry of Justice. |
| (2) | The branches of prisons and detention centers shall confine prisoners according to the nature of the prisons and detention centers. |
| Article 12 (Exception to Separate Confinement) |
| (1) | If any of the following grounds exists, unconvicted prisoners may be confined in a prison: |
| 1. | Where no detention center exists in the location of the competent court and prosecutors' office; |
| 2. | Where normal operation of a detention center is difficult as the number of people in the detention center far exceeds the capacity; |
| 3. | Where it is necessary to prevent destruction of evidence of crime or where any special condition exists. |
| (2) | Convicted prisoners may be confined in a detention center if it is necessary for work, such as cooking, or if any special ground exists. |
| (3) | Where convicted prisoners reach 19 years of age while being confined in juvenile reformatories, if such confinement is deemed necessary for performance of their education, edification program, work, vocational training, etc., they may be continuously confined in such juvenile reformatories before reaching 23 years of age. <Amended by Act No. 9136, Dec. 11, 2008> |
| (4) | Where any special condition exists, a warden may continue to confine a convicted prisoner who is to be transferred to another correctional institution, pursuant to standards for separate confinement provided for in Article 11, within the period of up to six months. |
| Article 13 (Separation Confinement) |
| (1) | Men and women shall be confined separately. |
| (2) | Where convicted prisoners and unconvicted prisoners, and convicted prisoners 19 years of age or older and those under the age of 19 years are to be confined in the same correctional institution under Article 12, they shall be confined separately. <Amended by Act No. 9136, Dec. 11, 2008> |
| Article 14 (Solitary Confinement) |
Prisoners shall be placed in solitary confinement: Provided, That if any of the following grounds exists, they may be placed in non-solitary confinement:
| 1. | Where conditions of the institution are not adequate, such as shortage of solitary wards; |
| 2. | Where solitary confinement is necessary for protection of prisoners' life or bodies or their emotional stability; |
| 3. | Where solitary confinement is necessary for convicted prisoners' edification or sound rehabilitation into society. |
| Article 15 (Designation of Confinement Wards) |
In cases of designating a ward of prisoners, each warden shall consider the name of crime, period of punishment, nature of crime, personality, criminal records, age, career, attitude of living under confinement and other personal characteristics of prisoners.
| Article 16 (Confinement, etc. of New Inmates) |
| (1) | With respect to any person newly confined in a correctional institution from the court, prosecutors' office, police agency, etc. (hereinafter referred to as "new inmate"), the relevant warden shall confine such person after examining a written direction for execution, court records, and other documents necessary for confinement. |
| (2) | Any warden shall examine the body, clothes, and personal belongings of and medically examine any new inmate without delay. <Amended by Act No. 15259, Dec. 19, 2017> |
| (3) | Any new inmate shall undergo the inspection and medical examination conducted by a warden pursuant to paragraph (2). <Newly Inserted by Act No. 13235, Mar. 27, 2015; Amended by Act No. 15259, Dec. 19, 2017> |
| Article 16-2 (Summary Admission Procedures) |
Summary admission procedures specified by the Minister of Justice shall be taken on any of the following new inmates:
| 2. | Criminal suspects confined in a correctional institution for a hearing upon a request for a warrant of detention under Article 201-2 (10) and Article 71-2. |
[This Article Newly Inserted by Act No. 15259, Dec. 19, 2017]
| Article 17 (Matters Requiring Notification) |
New inmates and persons transferred from other correctional institutions shall be notified of the following matters, orally or in writing:
| 1. | Date from which the period of punishment begins, and the date on which it expires; |
| 2. | Matters concerning meetings, correspondence and rights of prisoners; |
| 4. | Matters concerning disciplinary action, discipline, and obligations of prisoners; |
| 5. | Daily work and other basic matters required for the living under confinement. |
| Article 18 (Refusal of Confinement) |
| (1) | Any warden may refuse the confinement of any person with a infectious disease likely to cause danger and injury to the health of other persons. <Amended by Act No. 9847, Dec. 29, 2009> |
| (2) | When a warden refuses confinement under paragraph (1), he/she shall without delay notify the relevant reason to an organization to command confinement and the head of a competent health center and report thereon to the Minister of Justice. |
| Article 19 (Photographing, etc.) |
| (1) | With respect to new inmates and persons transferred from other correctional institutions, the relevant warden shall have their photo and fingerprints taken, designate their prisoner number and take other measures prescribed by Presidential Decree, to the extent necessary for distinguishing them from other prisoners. |
| (2) | Any warden may take the measures referred to in paragraph (1) with respect to prisoners under confinement, if deemed necessary for the purpose of confinement. |
| Article 20 (Transfer of Prisoners) |
| (1) | Where deemed necessary for confinement, work, edification, medical treatment and other treatments of prisoners or maintenance of security and order of the institution, the relevant warden may transfer them to another correctional institution by obtaining approval of the Minister of Justice. |
| (2) | The Minister of Justice may entrust his/her right on approval of transfer under paragraph (1) to the commissioners of regional correction headquarters, as prescribed by Presidential Decree. |
| Article 21 (Notification of Confinement to Family) |
Where new inmates or persons transferred from other correctional institutions exist, the warden shall notify such fact to the family of prisoners (referring to spouses, lineal ascendants, lineal descendants, brothers or sisters; hereinafter the same shall apply), without delay: Provided, That this shall not apply where prisoners do not wish such notification.
CHAPTER II PROVISION OF GOODS
| Article 22 (Provision of Clothing, Bedclothes, etc.) |
| (1) | Each warden shall provide prisoners with clothing, bedclothes and other goods for living which are appropriate for maintaining their health. |
| (2) | Necessary matters concerning standards, etc. for providing clothing, bedclothes and other goods for living shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 23 (Provision of Food) |
| (1) | Each warden shall provide prisoners with food necessary for maintaining health and physical strength, in consideration of their health status, age, type of work assigned and other personal characteristics. |
| (2) | Necessary matters concerning standards, etc. for providing food shall be prescribed by Ordinance of Ministry of Justice. |
| Article 24 (Self-Payment of Goods) |
| (1) | Prisoners may purchase food, clothing, bedclothes and other goods for living under confinement at their own expense, by obtaining permission of the warden. |
| (2) | Necessary matters concerning the scope of permission for purchasing goods at prisoners' own expense shall be prescribed by Ordinance of the Ministry of Justice. |
CHAPTER III MANAGEMENT OF MONEY AND VALUABLES
| Article 25 (Provisional Holding, etc. of Money and Valuables in Custody) |
| (1) | Each warden shall provisionally hold in custody the money and valuables of prisoners in a correctional institution: Provided, That if their personal belongings fall under any of the following subparagraphs, the relevant warden may require the prisoner to send them to persons that he/she designates or dispose of them in other appropriate ways: |
| 1. | Goods which are likely to decay or disappear; |
| 2. | Goods, the custody of which is not proper in consideration of type and size, etc.; |
| 3. | Goods which are likely to cause any danger to human life or body; |
| 4. | Goods which are likely to do harm to the security or order of the institution; |
| 5. | Other goods unworthy of provisional holding. |
| (2) | If prisoners fail to dispose of personal belongings required to be disposed of under the proviso to paragraph (1) within a reasonable period, the relevant warden may discard them. |
| Article 26 (Prisoners' Holding, etc. of Goods) |
| (1) | Prisoners may hold correspondence, books and other goods necessary for living under confinement within the scope determined by the Minister of Justice. |
| (2) | With respect to goods which exceed the scope of holding under paragraph (1) and which are deemed unnecessary to be held temporarily in a correctional institution, a warden may have prisoners send them to persons designated by themselves or dispose of them in other appropriate ways. |
| (3) | If prisoners fail to dispose of goods which should be disposed of under the proviso to paragraph (2) within a reasonable period, a warden may destroy them. |
| Article 27 (Delivery of Money and Valuables to Prisoners) |
| (1) | If any person other than a prisoner requests the delivery of money and valuables to a prisoner, each warden shall permit it unless any of the following grounds exists: |
| 1. | Where it is likely to do harm to the edification of convicted prisoners or their sound rehabilitation into society; |
| 2. | Where it is likely to do harm to the security or order of the institution. |
| (2) | Each warden shall return money and valuables forwarded to a prisoner to the sender, if the prisoner refuses to receive them or any of the grounds referred to in paragraph (1) exists. |
| (3) | Where the sender is unknown or his/her address is unknown in cases of paragraph (2), the warden shall publicly announce such facts. If no one requests the delivery thereof after the lapse of six months from the public announcement, relevant money and valuables shall revert to the National Treasury. |
| (4) | If a warden has taken the measures under paragraph (2) or (3), he/she shall notify prisoners of such fact. |
| Article 28 (Delivery of Money and Valuables Left) |
| (1) | If any deceased prisoner or fugitive has left any money and valuables, the relevant warden shall inform the details and procedures for request to an heir in cases of deceased prisoners and to a family member in cases of fugitives: Provided, That the warden may destroy goods which are likely to decay or disappear. |
| (2) | If an heir or family member requests the delivery of money and valuables in paragraph (1), the relevant warden shall deliver them without delay: Provided, That if one year elapses without such request from the date when the notification was received under paragraph (1) (if such date cannot be known, the date when the reason for request occurred), such money and valuables shall revert to the National Treasury. |
| Article 29 (Return, etc. of Money and Valuables Provisionally Held) |
| (1) | A warden shall return the money and valuables of prisoners provisionally held, to the relevant prisoners upon their release: Provided, That this shall not apply where a prisoner requests the warden to retain the valuables for a certain period (which shall not exceed one month) upon his/her release due to special circumstances such as when it is impractical to take the valuables all at once. |
| (2) | For valuables provisionally held that have not been reclaimed after expiration of the retention period set forth in the proviso to paragraph (1), Article 28 shall apply mutatis mutandis. In such cases, “deceased prisoner” and “fugitive” shall be construed as “released person”, “money and valuables” as “valuables provisionally held”, “heir” and “family member” as “released person or family member of a released person,” respectively. |
[This Article Wholly Amended by Act No. 13235, Mar. 27, 2015]
CHAPTER IV SANITATION AND MEDICAL CARE
| Article 30 (Obligation to Implement Sanitary and Medical Measures) |
Each warden shall take appropriate sanitary and medical measures necessary to ensure healthy living of prisoners.
| Article 31 (Maintenance of Cleanness) |
Each warden shall take measures so that all the facilities and apparatus used by prisoners may be maintained in a clean condition at all times.
| Article 32 (Obligation to Maintain Cleanliness) |
| (1) | Prisoners shall keep their bodies and clothing clean and cooperate in maintaining cleanliness for their own ward, workplace and other confinement facilities. |
| (2) | Prisoners shall keep their hair or beard in a neat condition for their own hygiene. |
| Article 33 (Physical Exercise and Bathing) |
| (1) | Each warden shall permit prisoners to periodically engage in physical exercise and bathing necessary for maintaining health. |
| (2) | Necessary matters concerning exercise time, frequency of bathing, etc. shall be prescribed by Presidential Decree. |
| Article 34 (Medical Examinations) |
| (1) | Each warden shall conduct medical examinations for prisoners periodically. |
| (2) | Necessary matters concerning the frequency of medical examinations, etc. shall be prescribed by Presidential Decree. |
| Article 35 (Measures against Infectious Disease, etc.) |
If necessary for preventing outbreak and spread of infectious disease or other infection, the warden shall vaccinate, place in solitary confinement, transfer prisoners or take other necessary measures. <Amended by Act No. 14281, Dec. 2, 2016>
| Article 36 (Treatment of Injured Persons, etc.) |
| (1) | If prisoners are injured or suffer from disease, the warden shall ensure that they receive appropriate treatment. |
| (2) | For the treatment set forth in paragraph (1), a nurse who works in a correctional institution may perform a trivial medical practice prescribed by Presidential Decree at night or on holidays, etc. notwithstanding Article 27 of the Medical Service Act. <Newly Inserted by Act No. 10273, May 4, 2010> |
| Article 37 (Medical Treatment, etc. in External Medical Institutions) |
| (1) | A warden may, if deemed necessary for the appropriate treatment of prisoners, permit them to receive medical treatment in medical institutions outside of correctional institutions (hereinafter referred to as "external medical institutions"). |
| (2) | A warden may, if deemed necessary for the treatment of prisoners' mental disease, transfer them to the medical treatment and custody facilities by obtaining approval of the Minister of Justice. |
| (3) | Any person transferred under paragraph (2) shall be treated as prisoners. |
| (4) | When a prisoner has received medical treatment at an external medical institution or has been transferred to the medical treatment and custody facilities under paragraph (1) or (2), the relevant warden shall notify such fact to his/her family without delay (if the prisoner has no surviving family, the person designated by the prisoner): Provided, That this shall not apply where the prisoner does not desire such notification. |
| (5) | Where a prisoner has received medical treatment at an external medical institution because he/she suffered injury, etc. by his/her intention or gross negligence, the relevant warden may have the relevant prisoner fully or partially bear the medical expenses. |
| Article 38 (Treatment at One’s Own Expense) |
If a prisoner wishes to receive treatment at his/her own expense from a doctor working for an external medical institution (hereinafter referred to as "external doctor"), the relevant warden may permit it after considering the opinion of a doctor working for the correctional institution (including a public health doctor; hereinafter referred to as "medical officer").
| Article 39 (Treatment Environment, etc.) |
| (1) | Each correctional institution shall have medical human resources and facilities necessary for treatment of prisoners. |
| (2) | If any prisoner is suspected of having a mental disease, the warden shall ensure that such prisoner receive medical treatment from a doctor of mental health. <Amended by Act No. 11005, Aug. 4, 2011> |
| (3) | An external doctor shall comply with matters prescribed by the Minister of Justice where he/she treats prisoners. |
| (4) | Necessary matters concerning standards for medical facilities which each correctional institution should have shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 40 (Medical Measures against Prisoners' Will) |
| (1) | When a prisoner refuses medical treatment or food, the relevant warden may have a medical officer observe, advise or persuade him/her. |
| (2) | Notwithstanding the measures referred to in paragraph (1), where an imminent concern exists that a prisoner may endanger his/her own life as he/she continues refusing medical treatment or food, the relevant warden may have a medical officer take measures, such as proper medical care or a supply of nutritions. |
CHAPTER V MEETING, CORRESPONDENCE AND TELEPHONE COMMUNICATIONS
| (1) | Prisoners may meet with persons outside a correctional institution: Provided, That this shall not apply in any of the following cases: |
| 1. | Where prisoners are likely to engage in any behavior in violation of criminal law; |
| 3. | Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society; |
| 4. | Where it is likely to do harm to the security or order of the institution. |
| (2) | A warden may have a correctional officer listen to, register, record or video record the details of a meeting of prisoners in any of the following cases: |
| 1. | Where prisoners are likely to engage in any behavior to destroy evidence or to conflict with criminal law; |
| 2. | Where it is necessary for edification of convicted prisoners or their sound rehabilitation into society; |
| 3. | Where it is necessary for the maintenance of security and order of the institution. |
| (3) | In cases of recording and video recording under paragraph (2), each warden shall notify the relevant prisoner and his/her visitor of such fact in advance. |
| (4) | Matters concerning the frequency, time, place and method of meeting, listening to, registering, recording, video recording of the details of meeting, etc. shall be prescribed by Presidential Decree. |
| Article 42 (Suspension, etc. of Meeting) |
If any prisoner or his/her visitor on meeting falls under any of the following cases, the relevant warden may suspend the meeting:
| 1. | Where they have destroyed evidence of a crime or intend to do so; |
| 2. | Where they have given and received prohibited goods referred to in Article 92 or intend to do so; |
| 3. | Where they have engaged in any behavior in violation of criminal law or intend to do so; |
| 4. | Where they have distributed false information concerning the treatment of prisoners or operation of the correctional institution; |
| 5. | Where they have engaged in any behavior likely to do harm to edification of convicted prisoners or their sound rehabilitation into society or intend to do so; |
| 6. | Where they have engaged in any behavior likely to do harm to the maintenance of security and order of the institution or intend to do so. |
| Article 43 (Correspondence) |
| (1) | Prisoners may correspond with other persons: Provided, That this shall not apply in any of the following cases: |
| 1. | Where a ruling for prohibition and seizure of correspondence is rendered under the Criminal Procedure Act or any other Act; |
| 2. | Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society; |
| 3. | Where it is likely to do harm to the security or order of the institution. |
| (2) | Notwithstanding the main sentence of paragraph (1), if a prisoner desires to exchange correspondence with other prisoners in the same correctional institution, he/she shall obtain permission of the warden. |
| (3) | Any warden may confirm whether correspondence received and sent by prisoners includes any goods prohibited under statutes. |
| (4) | The content of correspondence received and sent by prisoners shall not be censored: Provided, That this shall not apply in any of the following cases: |
| 1. | Where the other party of correspondence cannot be confirmed; |
| 2. | Where a ruling for censorship of correspondence is rendered under the Criminal Procedure Act or other Acts; |
| 3. | Where reasonable grounds exist to suspect that correspondence includes the contents falling under paragraph (1) 2 or 3, or the contents which conflict with criminal law; |
| 4. | Where correspondence is between prisoners determined by Presidential Decree. |
| (5) | When correspondence of prisoners is found to include any goods prohibited under statutes or its contents fall under any of the following subparagraphs, as a result of confirmation or censorship under paragraph (3) or the proviso to paragraph (4), the relevant warden may prohibit the sending or receipt of such correspondence: |
| 1. | Where the correspondence has been written with incomprehensible special characters, such as code and sign; |
| 2. | Where it is likely to destroy evidence of a crime; |
| 3. | Where the correspondence includes contents which conflict with criminal law; |
| 4. | Where the correspondence includes clearly false information concerning the treatment or operation of the correctional institution; |
| 5. | Where it is likely to infringe confidentiality or freedom of privacy: |
| 6. | Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society; |
| 7. | Where it is likely to do harm to the security or order of the institution. |
| (6) | Where a warden sends or delivers correspondence, he/she shall do so promptly. |
| (7) | A warden shall place in the correctional institution correspondence whose sending or receipt is prohibited under the proviso to paragraph (1) or (5) after informing the ground therefor to the relevant prisoner: Provided, That it may be destroyed upon consent of the prisoner. |
| (8) | Matters concerning the frequency of sending correspondence, method of confirmation of its contents, censorship procedure, etc. of correspondence shall be prescribed by Presidential Decree. |
| Article 44 (Telephone Communications) |
| (1) | Prisoners may have telephone communications with persons outside of correctional institutions after obtaining permission of the relevant warden. |
| (2) | Permission under paragraph (1) may be granted under the conditions of listening to or recording the contents of telephone communications. |
| (3) | Article 42 shall apply mutatis mutandis to telephone communications of prisoners. |
| (4) | In cases of intending to listen to or record the contents of telephone communications under paragraph (2), the relevant fact shall be informed to the relevant prisoner and the other party in advance. |
| (5) | Necessary matters concerning the scope of permission for telephone communications and the listening to and recording, etc. of the contents thereof shall be prescribed by Ordinance of the Ministry of Justice. |
CHAPTER VI RELIGION AND CULTURE
| Article 45 (Attendance, etc. at Religious Events) |
| (1) | Prisoners may participate in a religious ceremony or event conducted within the correctional institution and receive individual religious counseling. |
| (2) | Prisoners may possess books or goods necessary for religious life. |
| (3) | Any warden may restrict the matters prescribed in paragraphs (1) and (2) in any of the following cases: |
| 1. | Where it is necessary for edification of convicted prisoners or their sound rehabilitation into society; |
| 2. | Where it is necessary for the maintenance of security and order of the institution. |
| (4) | Necessary matters concerning the type of religious events, persons who may participate in such events, method of participation, persons subject to religious counseling, counseling method and scope of possession of religious books and goods shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 46 (Keeping and Use of Books) |
Each warden shall keep necessary books for prisoners to cultivate knowledge and familiarize with culture and have prisoners use them.
| Article 47 (Subscription to Newspapers, etc.) |
| (1) | Prisoners may apply for subscription to newspapers, magazines or books (hereinafter referred to as "newspaper, etc.") at their own expense. |
| (2) | Each warden shall permit the subscription unless the newspapers, etc. to which prisoners have applied for the subscription under paragraph (1) are harmful publications under the Publishing Industry Promotion Act. |
| (3) | The scope and quantity of the newspapers, etc. to which prisoners may apply for subscription under paragraph (1) shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 48 (Radio Listening and Television Viewing) |
| (1) | Prisoners may listen to radio and watch television for their emotional stability and familiarization with culture. |
| (2) | A warden may temporarily suspend the reception of broadcasting of radio or television by prisoners or prevent an individual prisoner from listening to radio or watching television, in any of the following cases: |
| 1. | Where it is likely to do harm to edification of convicted prisoners or their sound rehabilitation into society; |
| 2. | Where it is necessary for the maintenance of security and order of the institution. |
| (3) | Necessary matters concerning the facilities, programs and time of broadcasting, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
| (1) | Prisoners may either prepare documents or drawings or write a literature, science and other matters: Provided, That this shall not apply where the warden deems that an evident risk to the security or order of the correctional institution exists. |
| (2) | Article 26 shall apply mutatis mutandis to the possession and treatment of documents or drawings prepared or drawn under paragraph (1). |
| (3) | Article 43 (7) shall apply mutatis mutandis where the documents or drawings prepared or drawn under paragraph (1) fall under any subparagraph of Article 43 (5). |
| (4) | Necessary matters concerning the management of writing utensils, time and place for writing, and carrying out the documents or drawings written shall be prescribed by Presidential Degree. |
CHAPTER VII SPECIAL PROTECTION
| Article 50 (Treatment for Female Prisoners) |
| (1) | Each warden shall treat female prisoners in consideration of female physical and emotional characteristics. |
| (2) | In cases of conducting medical examinations for female prisoners, the warden shall include examination for gynecological diseases in consideration of their age, health, etc. <Amended by Act No. 12900, Dec. 30, 2014> |
| (3) | A warden shall provide female prisoners in menstruation with goods necessary for hygiene. <Amended by Act No. 12900, Dec. 30, 2014> |
| (4) | Where female prisoners meet with their children who are minors, the relevant warden may permit them to do so in the place where no intercepting facilities exist. |
| Article 51 (Cautions to Observe in Treatment of Female Prisoners) |
| (1) | In performing counseling, education, work, etc. for female prisoners (hereafter referred to as "counseling, etc." in this Article), each warden shall have a female correctional officer be in charge of it: Provided, That this shall not apply where female correctional officers are lacking or where any inevitable condition exists. |
| (2) | If a male correctional officer intends to provide counseling, etc. with a female prisoner indoors under the proviso to paragraph (1), he shall do so in the place where transparent windows are installed after having another female be present. |
| Article 52 (Treatment for Pregnant Prisoners) |
| (1) | Where a prisoner is pregnant or has given birth (including miscarriage), the relevant warden shall take appropriate measures for protection of maternity and maintenance of health, such as a periodical examination, |
| (2) | Where a prisoner is about to give birth, the relevant warden shall take proper measures, such as having her take medical treatment in an external medical institution. |
| Article 53 (Rearing of Infants) |
| (1) | A female prisoner may apply for permission to rear her infant whom she has given birth to, in a correctional institution. In such cases, the relevant warden shall permit such application until the infant reaches 18 months after the birth, except in any of the following cases: <Amended by Act No. 9847, Dec. 29, 2009> |
| 1. | Where it is deemed especially improper for an infant to live in a correctional institution due to disease, injury and other reasons; |
| 2. | Where it is deemed that a prisoner has no capability to rear an infant due to disease, injury and other reasons; |
| 3. | Where it is especially improper to rear infant due to the spread of infectious diseases in a correctional institution or other reasons. |
| (2) | In cases of permitting rearing of an infant under paragraph (1), the relevant warden shall provide necessary equipment and goods and take necessary measures for rearing. |
| Article 54 (Special Treatment for Prisoners) |
| (1) | Each warden shall provide appropriate consideration to the treatment of older prisoners based upon their age, health status, etc. |
| (2) | Each warden shall provide appropriate consideration to the treatment of the prisoners with disabilities in consideration of their level of disability. |
| (3) | Each warden shall provide appropriate treatment to foreign prisoners in consideration of their language, life, culture, etc. |
| (4) | Each warden shall provide appropriate treatment to juvenile prisoners in consideration of their age, aptitude, etc. <Newly Inserted by Act No. 13235, Mar. 27, 2015> |
| (5) | Necessary matters concerning the appropriate consideration for or treatment of aged prisoners, prisoners with disabilities, foreign prisoners and juvenile prisoners shall be prescribed by Ordinance of the Ministry of Justice. <Amended by Act No. 13235, Mar. 27, 2015> |
CHAPTER VIII TREATMENT OF CONVICTED PRISONERS
SECTION 1 Common Provisions
| Article 55 (Principle of Treatment of Convicted Prisoners) |
It is necessary to seek the correction and edification of convicted prisoners through education, edification program, work, vocational training, etc. and treat them so that they may promote an ability to adapt to social life.
| Article 56 (Establishment, etc. of Plan for Individual Treatment) |
| (1) | Each warden shall establish and implement a treatment plan (hereinafter referred to as "plan for individual treatment"), such as education, edification program, work and vocational training which are appropriate for individual characteristics of convicted prisoners, following the resolution of the committee for classified treatment under Article 62. |
| (2) | Each warden shall check, periodically or frequently, the plan for individual treatment so that convicted prisoners may be improved voluntarily and their motive to return to society may be promoted. |
| (1) | Convicted prisoners shall be confined in an appropriate correctional institution according to the result of examination of classification referred to in Article 59 and be treated properly according to the plan for individual treatment. |
| (2) | Correctional institutions shall be classified as follows, according to the confinement facilities for prevention of abscondence and degree of safe guard (hereinafter referred to as "level of security"): Provided, That even the same correctional institution may have a different level of security by setting boundaries: |
| 1. | Open institution: Correctional institution without normal facilities for prevention of abscondence, in whole or in part, and without normal management and surveillance, in whole or in part, to ensure free activity of convicted prisoners; |
| 2. | Relaxed security institution: Correctional institution in which normal facilities for prevention of abscondence and management and surveillance of convicted prisoners are more relaxed than those in a general security institution; |
| 3. | General security institution: Correctional institution equipped with normal facilities for prevention of abscondence and which conducts normal management and surveillance of convicted prisoners; |
| 4. | Heavy security institution: Correctional institution which strengthens the facilities for prevention of abscondence and blockage of mutual contact among prisoners and conducts strict management and surveillance of convicted prisoners. |
| (3) | The treatment of convicted prisoners may be adjusted upward according to their correctional records for their edification or sound rehabilitation into society and in particular, convicted prisoners who have excellent correctional records may be confined in an open institution and receive proper treatment required for the social life. |
| (4) | A warden may confine a convicted prisoner who fulfills a certain requirements prescribed by Ordinance of the Ministry for Justice to an open institution established in a local community or correctional institution for a certain period, before his/her release on parole or expiration of the period of punishment, and provide him/her with appropriate treatment such as education, employment support, etc. necessary for social adjustment. <Newly Inserted by Act No. 13235, Mar. 27, 2015> |
| (5) | Convicted prisoners may, for their edification or sound rehabilitation into society, receive the volunteer service, visit and other treatment required for their adaptation to life in an appropriate place outside of a correctional institution. |
| (6) | Academic trainees, vocational trainees, foreigners, women, persons with disabilities, senior citizens, patients, juveniles (referring to those under the age of 19), persons eligible for the treatment (hereinafter referred to as “halfway treatment”) set forth under paragraph (4) and other convicted prisoners who need separate treatment shall be confined in an institution exclusively dedicated to provide such treatment and designated by the Minister of Justice (hereinafter referred to as "exclusive correctional institution"), and shall receive appropriate treatment according to their characteristics: Provided, That this may be inapplicable to cases where there is a lack of exclusive correctional institutions or any other unavoidable reason. <Amended by Act No. 13235, Mar. 27, 2015> |
| (7) | Necessary matters concerning the facilities of each institution referred to in each subparagraph of paragraph (2) and the degree of safe guard shall be prescribed by Presidential Decree. |
| Article 58 (Counseling, etc. by External Specialists) |
If necessary for edification of convicted prisoners or their sound rehabilitation into society, a warden may have external specialists, who have much knowledge in pedagogy, correctional studies, criminology, sociology, psychology, medicine, etc. or experience in correction, provide convicted prisoners with counseling, psychological therapy, life instruction, etc.
SECTION 2 Examination of Classification
| Article 59 (Examination of Classification) |
| (1) | Each warden shall inspect, measure and evaluate human nature, behavioral characteristics, temperament, etc. of convicted prisoners scientifically (hereinafter referred to as "examination of classification") to establish and adjust rationally the plan for individual treatment of convicted prisoners: Provided, That this shall not apply where the period of punishment to be executed is short or any special condition exists. |
| (2) | Examinations of classification of convicted prisoners shall be classified into the examination which is conducted to establish a plan for individual treatment when the sentence is finally confirmed, and the examination which is conducted to adjust a plan for individual treatment when certain period of punishment passes or any reason for rewards or punishments or other reasons occur. |
| (3) | Any warden may, for an examination of classification, inspect an individual matter concerning personal affairs of convicted prisoners through counseling, etc. with them, conduct a psychology, intelligence, or aptitude test and other necessary tests. |
| (4) | Any warden may, for an examination of classification, listen to necessary opinions from external specialists or request them to conduct inspections. |
| (5) | Necessary matters concerning examinations of classification, in addition to those provided for in this Act, shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 60 (Inquiries, etc. to Related Agencies) |
| (1) | If necessary for an examination of classification and achievement of the purpose of confinement, a warden may hold an interview with the families, etc. of prisoners or inquire into any necessary facts to a court, police agency and other related agencies or organizations (hereinafter referred to as "related agencies, etc."). |
| (2) | The heads of related agencies, etc. which are requested for inquiries under paragraph (1) shall reply to such request without delay, unless any special condition exists. |
| Article 61 (Institution in Exclusive Charge of Classification) |
The Minister of Justice may designate and operate a correctional institution, which is in exclusive charge of examinations of classification, to classify convicted prisoners scientifically.
| Article 62 (Committee for Classified Treatment) |
| (1) | Each correctional institution shall establish a committee for classified treatment in the relevant correctional institution (hereafter referred to as the "committee" in this Article) to deliberate on and resolve the plan for individual treatment, selection of persons subject to application for parole review and other important matters concerning classification and treatment of convicted prisoners. |
| (2) | The committee shall be comprised of not less than five nor more than seven members, including the chairperson. The warden shall be the chairperson, and the members shall be appointed by the chairperson from among the vice wardens and directors of the competent agencies (in cases of branches, correctional officers of Grade VII or in higher rank). |
| (3) | The committee may listen to the opinions from external specialists for its deliberation and resolution. |
| (4) | Necessary matters concerning the committee, in addition to those provided for in this Act, shall be prescribed by Ordinance of the Ministry of Justice. |
SECTION 3 Education and Edification Program
| (1) | Any warden may educate convicted prisoners so that they may acquire necessary knowledge and culture for their sound rehabilitation into society. |
| (2) | Any warden shall educate properly convicted prisoners who have not received any compulsory education under Article 8 of the Framework Act on Education, in consideration of their intentions, age, knowledge level and other conditions. |
| (3) | If necessary for the education set forth under paragraphs (1) and (2), a warden may confine convicted prisoners in an exclusive correctional institution for halfway treatment, and take the following measures: <Amended by Act No. 13235, Mar. 27, 2015> |
| 1. | Attendance at an external educational institution; |
| 2. | Commissioned education in an external educational institution. |
| (4) | Necessary matters concerning curriculum, external school attendance, vicarious education, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 64 (Edification Programs) |
| (1) | Each warden shall conduct counseling, psychological therapy and other edification programs for correction and edification of convicted prisoners. |
| (2) | Necessary matters concerning the type, contents, etc. of edification programs shall be prescribed by Ordinance of the Ministry of Justice. |
SECTION 4 Work and Vocational Training
| Article 65 (Imposition of Work) |
| (1) | Work to be assigned to convicted prisoners shall be appropriate for their acquisition of skill and for their motivation to work so that they may return to society soundly. |
| (2) | In cases of assigning work to convicted prisoners, a warden shall consider their age, period of punishment, health status, skill, personality, hobbies, career, future livelihood and other circumstances. |
| Article 66 (Obligation to Work) |
Convicted prisoners shall have the obligation to perform the work assigned to them and other labors.
| Article 67 (Work upon Request) |
Any warden may assign work to persons who are sentenced to imprisonment without labor or penal detention at their request.
| Article 68 (Work, etc. by Commuting Outside) |
| (1) | Where deemed necessary to promote a sound return to society and acquirement of skills of convicted prisoners, a warden may have them commute to and work at an outside enterprise, etc. or work at the place of work of an outside enterprise installed within a correctional institution. |
| (2) | Necessary matters concerning standards for selecting those who may work by commuting outside shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 69 (Training for Vocational Capacity Development) |
| (1) | Any warden may, for convicted prisoners' sound rehabilitation into society, offer training to develop vocational capacity for acquirement and improvement of skills (hereinafter referred to as "vocational training"). |
| (2) | Any warden may have convicted prisoners trained at an outside institution or organization where such training is necessary for their vocational training. |
| (3) | Necessary matters concerning standards for selecting those eligible to receive vocational training shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 70 (Treatment by Intensive Work) |
| (1) | Where convicted prisoners engage in the work referred to in Article 68, receive the training set forth in Article 69 (2), and are assigned other work requiring intensive labor upon their application, any warden may restrict the treatment for them, such as meeting, telephone communications, education and participation in joint events: Provided, That in cases of restricting meeting or telephone communications, any warden may permit the relevant convicted persons to hold a meeting or make a telephone call on holidays or on other day when they have no work. |
| (2) | Each warden shall explain enough to convicted prisoners concerning the contents of restricted treatment before assigning work or providing training under paragraph (1). |
| Article 71 (Work on Holidays) |
No work shall be assigned on the national holidays, Saturdays and other holidays: Provided, That cooking, cleaning, nursing, and other specially required work shall be excluded.
| Article 72 (Exemption from Work) |
| (1) | Each warden shall exempt a convicted prisoner from work for two days, if his/her family members or lineal ascendants of his/her spouse die; and for one day, if the anniversary of the death of his/her parents or spouse arrives: Provided, That this shall not apply where the relevant convicted prisoner prefers to continue working. |
| (2) | Where a convicted prisoner suffers from injury or disease and has any special reason for which it is difficult to continue working, the relevant warden may exempt him/her from work until the relevant reason is settled. |
| Article 73 (Proceeds, etc. from Work) |
| (1) | Proceeds from work shall go into the National Treasury. |
| (2) | Any warden may pay convicted prisoners a work bonus to motivate them to work and support their sound rehabilitation into society, in consideration of the kinds and results of their work, correctional records and other circumstances, as prescribed by the Minister of Justice. |
| (3) | A work bonus referred to in paragraph (2) shall be paid to the principal upon his/her release: Provided, That the whole or part of such bonus may be paid even before his/her release, where deemed especially necessary for assistance to the livelihood of his/her family or edification or sound rehabilitation into society. |
| Article 74 (Consolation and Condolence Money) |
| (1) | If any convicted prisoner falls under any of the following cases, each warden shall pay him/her consolation money or condolence money, as prescribed by the Minister of Justice: |
| 1. | Where a convicted prisoner is injured in the course of work or vocational training or is disabled by disease; |
| 2. | Where a convicted prisoner dies while or from work or vocational training. |
| (2) | Consolation money shall be paid to the principal upon his/her release and condolence money to his/her heir, respectively. |
| Article 75 (Relations with other Compensations) |
Where any person to be paid consolation money or condolence money has been paid the amount corresponding to such consolation money or condolence money referred to in Article 74 under the Civil Act or other statutes for the same reason from the State, such amount shall not be paid as consolation money or condolence money.
| Article 76 (Protection of Right to Receive Consolation and Condolence Money) |
| (1) | Right to receive consolation money or condolence money under Article 74 may not be transferred or provided as security to any other person or corporation, and no person nor corporation may seize such money. |
| (2) | No taxes and other public dues shall be imposed by having the amount received under Article 74 as tax base. |
| (1) | With respect to a convicted prisoner who has spent at least 6 months under confinement, has served one-third of his/her period of punishment (7 years, in cases of imprisonment for at least 21 years or imprisonment for life) and has earned an excellent correctional record, and falls under any of the following cases, a warden may grant leave of up to 20 days per year: |
| 1. | Where his/her family or lineal ascendants of his/her spouse are in a critical condition; |
| 2. | Where he/she needs to be hospitalized in an external medical institution due to disease or accident; |
| 3. | Where any irrecoverable proprietary damage has occurred or is likely to occur to his/her family, lineal ascendents of his/her spouse or himself/herself due to natural disaster or other disasters; |
| 4. | Where there exists any ground determined by Ordinance of the Ministry of Justice for his/her edification or sound rehabilitation into society. |
| (2) | Notwithstanding paragraph (1), any warden may grant special leave of less than 5 days to a convicted prisoner in any of the following cases: |
| 1. | Where his/her family members or lineal ascendants of his/her spouse die; |
| 2. | Where his/her lineal descendants are married. |
| (3) | Any warden may, in cases of permitting leave, restrict residence or attach other necessary conditions, as prescribed by Ordinance of the Ministry of Justice. |
| (4) | The period of leave under paragraphs (1) and (2) shall be included in the execution period of punishment. |
| Article 78 (Revocation of Leave) |
Any warden may revoke leave if a convicted prisoner on leave falls under any of the following:
| 1. | Where it is found that no ground to permit the leave exists; |
| 2. | Where a convicted prisoner violates the restriction on residence or any other condition attached to the permission for leave. |
CHAPTER IX TREATMENT OF UNCONVICTED PRISONERS
| Article 79 (Principle of Treatment of Unconvicted Prisoners) |
Unconvicted prisoners shall be entitled to a presumption of innocence and treated appropriately, accordingly.
| Article 80 (Prohibition of Visits) |
Wards occupied by unconvicted prisoners shall not be opened to visitors.
| Article 81 (Separate Confinement) |
Unconvicted prisoners involved in the same case shall be confined separately, and banned from any mutual contact.
| Article 82 (Wearing of Plain Clothes) |
Unconvicted prisoners may wear plain clothes when attending an investigation, court, inspection of state administration or other investigations determined by any Act: Provided, That if an unconvicted prisoner is highly likely to abscond or if deemed that any improper reason especially exists, the warden shall have such unconvicted prisoner wear other clothes provided by the relevant correctional institution.
An unconvicted prisoner shall not be forced to have his/her hair or beard cut short against his/her own will, unless it is especially necessary.
| Article 84 (Meeting with Defense Counsel and Receiving of Correspondence) |
| (1) | Notwithstanding Article 41 (2), a correctional officer may neither take part in a meeting between an unconvicted prisoner and his/her defense counsel (including a person who desires to become his/her counsel; hereinafter the same shall apply) nor listen to or record the contents of such meeting: Provided, That the correctional officer may continue to monitor the unconvicted prisoner at a visible distance. |
| (2) | Time and frequency of a meeting between an unconvicted prisoner and his/her defense counsel shall be unlimited. |
| (3) | Notwithstanding the proviso to Article 43 (4), correspondence between an unconvicted prisoner and his/her defense counsel shall not be monitored unless it is impossible for the correctional institution to verify whether the other party to correspondence is a defense counsel. |
| Article 85 (Special Rules in Investigation, etc.) |
Each warden shall ensure that an unconvicted prisoner may prepare litigation documents, have a meeting with his/her defense counsel, receive and send correspondence and exercise his/her rights during the process of investigation and trial, even while he/she is under investigation as a person deemed subject to disciplinary action or the disciplinary action is executed against him/her.
| Article 86 (Work and Edification) |
| (1) | Any warden may conduct education or edification programs or assign work to unconvicted prisoners only at their request. |
| Article 87 (Detention Rooms) |
A detention room installed in a police agency shall be regarded as a detention center for unconvicted persons in a correctional institution, to which this Act shall apply mutatis mutandis.
| Article 88 (Provisions Applicable Mutatis Mutandis) |
Articles 82, 84 and 85 shall apply mutatis mutandis to convicted prisoners and prisoners on death row with fixed penalty, under investigation or trial for a criminal case. <Amended by Act No. 9136, Dec. 11, 2008; Act No. 14281, Dec. 2, 2016> [This Article was amended by Act No. 14281, promulgated on December 2, 2016, pursuant to the decision of inconsistency with the Constitution by the Constitutional Court made on December 23, 2015]
CHAPTER X PRISONERS ON DEATH ROW WITH FIXED PENALTY
| Article 89 (Confinement of Prisoners on Death Row with Fixed Penalty) |
| (1) | Prisoners on death row with fixed penalty shall be placed in solitary confinement: Provided, That they may be placed in non-solitary confinement, as prescribed by Ordinance of the Ministry of Justice, where it is deemed necessary to prevent suicide, to conduct education or edification programs, to assign work, and to perform other proper treatment. |
| (2) | Wards occupied by prisoners on death row with fixed penalty shall not be opened to visitors. |
[This Article Wholly Amended by Act No. 9136, Dec. 11, 2008]
| Article 90 (Individual Counseling, etc.) |
| (1) | Any warden may, for emotional stability and smooth living of prisoners under confinement on death row with fixed penalty, conduct education or edification programs or impose work on them at their request. <Amended by Act No. 9136, Dec. 11, 2008> |
| (2) | Necessary matters concerning education or edification programs, work and other treatment of prisoners on death row with fixed penalty shall be prescribed by Ordinance of the Ministry of Justice. <Amended by Act No. 9136, Dec. 11, 2008> |
| Article 91 (Execution of Death Penalty) |
| (1) | Each death penalty shall be executed at a place of execution in a correctional institution. |
| (2) | No death penalty shall be executed on any legal holiday or Saturday. |
CHAPTER XI SECURITY AND ORDER
| Article 92 (Prohibited Goods) |
No prisoner shall possess any of the following goods:
| 1. | Narcotics, firearms, swords, explosives, lethal weapons, toxic chemicals, and other goods, which are likely to be used as criminal tools; |
| 2. | Liquor, tobacco, firearms, cash, check and other goods, which are likely to damage security or order of the institution; |
| 3. | Pornographic materials, goods used for speculation and other goods, which are likely to damage convicted prisoners' edification or sound rehabilitation into society. |
| Article 93 (Medical Examination, etc.) |
| (1) | Any correctional officer may inspect bodies, clothes, personal belongings, wards, places of work, etc. where it is deemed necessary to maintain security and order of a correctional institution. |
| (2) | In cases of conducting medical examinations of prisoners, attention shall be provided so that they may not suffer any unnecessary pain or sense of shame, and in particular, when it is necessary to examine a prisoner's body closely, it shall be done in an isolated place without other prisoners. |
| (3) | Any correctional officer may inspect clothes and personal belongings of those who enter and leave a correctional institution, in addition to prisoners, if it is necessary to maintain security and order of the correctional institution. In such cases, if any persons who enter and leave the correctional institution possess any prohibited goods under Article 92, they shall be instructed to leave them to the correctional institution and they may not enter if they do not comply with such instruction. |
| (4) | The bodies, clothes and personal belongings of female prisoners shall be inspected by female correctional officers. |
| (5) | When any prohibited goods under Article 92 are found as a result of an inspection made under paragraph (1), the relevant warden shall inform such fact to prisoners and then destroy them, except for the goods to be dealt with according to the procedure prescribed by criminal law: Provided, That the relevant warden may keep in custody any goods which are unsuitable to destroy in the correctional institution or have prisoners send them to the person designated by themselves. |
| Article 94 (Safe Guard Using Electronic Devices) |
| (1) | Any warden may keep safe guard of prisoners or a correctional institution by using electronic devices within a necessary scope in order to prevent an occurrence of suicide, self-injury, abscondence, violence, damage and other acts to injure life and bodies of prisoners or security or order of the institution (hereinafter referred to as "suicide, etc."): Provided, That electronic image devices may be used for the safe guard of prisoners in a ward only when suicide, etc. is likely to occur. |
| (2) | In cases of keeping safe guard of prisoners in a ward with electronic imaging devices under the proviso to paragraph (1), the staff who keeps safe guard of prisoners, time of safe guard and prisoners subject to safe guard shall be recorded. In such cases, if a prisoner is female, a female correctional officer shall keep safe guard of such female prisoner. |
| (3) | In cases of keeping safe guard under paragraphs (1) and (2), the attention shall be made so that human rights of prisoners under safe guard may not be violated. |
| (4) | Necessary matters concerning the type of, place of installing and method of using electronic devices, management of recorded archive, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 95 (Confinement in Protective Cells) |
| (1) | If a prisoner falls under any of the following cases, the relevant warden may confine him/her in a protective cell (referring to a ward equipped with facilities to prevent suicide, self-injury, etc.; hereinafter the same shall apply) in consideration of the opinion of a medical officer: |
| 1. | Where a risk of suicide or self-injury exists; |
| 2. | Where special protection is necessary due to physical or mental disease. |
| (2) | The period of confinement of prisoners in a protective cell shall be up to 15 days: Provided, That if continuing confinement is especially necessary, the relevant warden may extend such period in consideration of the opinion of a medical officer. |
| (3) | Extended periods under the proviso to paragraph (2) shall be up to 7 days and may not exceed 3 consecutive months. |
| (4) | In cases of confining a prisoner in a protective cell or of extending the period of confinement, the relevant warden shall notify the prisoner of the relevant reason. |
| (5) | A medical officer shall check frequently the health status of a prisoner confined in a protective cell. |
| (6) | Upon termination of reason for confining a prisoner in a protective cell, the relevant warden shall stop such confinement without delay. |
| Article 96 (Confinement in Suppression Cells) |
| (1) | Where a prisoner falls under any of the following cases and the relevant purpose cannot be achieved although coercive power is exercised or protective equipment under Article 98 is used, the relevant warden may confine the prisoner in a suppression cell (referring to a ward isolated from general wards and equipped with soundproof facilities, etc.; hereinafter the same shall apply): <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where a prisoner destroys the facilities, devices, etc. of a correctional institution or intends to do so; |
| 2. | Where a prisoner continuously engages in a disturbing act despite the restraints of correctional officers and obstructs calm living under confinement of other prisoners. |
| (2) | The period of confinement of prisoners in a suppression cell shall be up to 24 hours: Provided, That if continuing confinement is specially necessary, the relevant warden may extend such period in consideration of the opinion of a medical officer. |
| (3) | Extended periods under the proviso to paragraph (2) shall be up to 12 hours and may not exceed 3 consecutive days. |
| (4) | Article 95 (4) through (6) shall apply mutatis mutandis to prisoners confined in a suppression cell. |
| Article 97 (Use of Protective Equipment) |
| (1) | Where a prisoner falls under any of the following cases, any correctional officer may use protective equipment: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where a prisoner is transferred, appears in court and is escorted to the place outside of a correctional institution; |
| 2. | Where a prisoner is highly likely to abscond, commit suicide, injure himself/herself or injure other persons; |
| 3. | Where a prisoner obstructs the rational performance of duties by any correctional officer by force; |
| 4. | Where a prisoner is highly likely to destroy the facilities, devices, etc. or to damage the security or order of the correctional institution. |
| (2) | In cases of using protective equipment, the age, health status, attitude of living of prisoners under confinement, etc. shall be considered. |
| (3) | If a correctional officer uses protective equipment against any prisoner within a correctional institution, the relevant medical officer shall frequently check the health status of the relevant prisoner. |
| Article 98 (Types of Protective Equipment and Requirements for Use) |
| (1) | The types of protective equipment shall be as follows: |
| 2. | Head protective equipment; |
| 3. | Ankle protective equipment; |
| (2) | The requirements for using protective equipment shall be as follows: |
| 1. | Handcuffs and policeman' s ropes: Where a prisoner falls under any of Article 97 (1) 1 through 4; |
| 2. | Head protective equipment: Where a prisoner is highly likely to injure his/her head; |
| 3. | Ankle protective equipment, braces and protective chairs: Where a prisoner falls under any of Article 97 (1) 2 through 4; |
| 4. | Protective beds and protective clothes: Where a prisoner is highly likely to commit suicide or injure himself/herself. |
| (3) | Necessary matters concerning the procedures for using protective equipment shall be prescribed by Presidential Decree. |
| Article 99 (Prohibition of Abuse of Protective Equipment) |
| (1) | Each correctional officer shall use protective equipment within the minimum necessary extent and stop using protective equipment without delay upon termination of the relevant reason. |
| (2) | No protective equipment shall be used as means of disciplinary action. |
| Article 100 (Exercise of Coercive Power) |
| (1) | Any correctional officer may exercise coercive power where a prisoner falls under any of the following cases: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where a prisoner absconds or intends to abscond; |
| 2. | Where a prisoner intends to commit suicide; |
| 3. | Where a prisoner injures himself/herself or intends to do so; |
| 4. | Where a prisoner inflicts any harm on others or intends to do so; |
| 5. | Where a prisoner obstructs the rational performance of duties by any correctional officer by force; |
| 6. | Where a prisoner destroys the facilities, devices, etc. of the correctional institution or intends to do so; |
| 7. | Where a prisoner does serious harm to the security or order of the correctional institution or intends to do so. |
| (2) | Any correctional officer may exercise coercive power where a person other than a prisoner falls under any of the following cases: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where the relevant person intends to help a prisoner abscond; |
| 2. | Where the relevant person inflicts any harm on a correctional officer or a prisoner or intends to do so; |
| 3. | Where the relevant person obstructs the rational performance of duties by any correctional officer by force; |
| 4. | Where the relevant person destroys the facilities, devices, etc., of the correctional institution or intends to do so; |
| 5. | Where the relevant person intrudes any correctional institution or intends to do so; |
| 6. | Where the relevant person fails to comply with the request of any correctional officer to go out in a correctional institution (where a correctional officer keeps safe guard of a prisoner in the place outside of a correctional institution, such place shall be included). |
| (3) | In exercising coercive power under paragraphs (1) and (2), security devices may be used. |
| (4) | "Security devices" in paragraph (3) means the devices and tools used by correctional officers to protect human life and body, to prevent absconding and to maintain the security and order of any correctional institution, such as billy clubs, gas sprayers, gas gun, and tear gas bombs. <Amended by Act No. 14170, May 29, 2016> |
| (5) | In cases of exercising coercive power under paragraphs (1) and (2), the warning thereof shall be given to the other party in advance: Provided, That this shall not apply where no sufficient time to make such warning exists due to a urgent situation. |
| (6) | Coercive power shall be exercised within the minimum necessary extent. |
| (7) | Necessary matters concerning the types, requirements for use and procedures for use of security devices, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 101 (Use of Arms) |
| (1) | A correctional officer may use arms when a prisoner falls under any of the following cases: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where deemed that a dangerous situation is created as a prisoner inflicts serious harm on others or intends to do so; |
| 2. | Where a prisoner possesses a dangerous object to be used for violence or menace, and fails to comply with an order of a correctional officer to abandon it; |
| 3. | Where a prisoner raises a riot or intends to do so and where deemed difficult to prevent its spreading unless it is repressed promptly; |
| 4. | Where a prisoner attempting to abscond tries to continue such attempt, disobeying a restraining order by a correctional officer; |
| 5. | Where a prisoner steals arms of any correctional officer or intends to do so; |
| 6. | Where it is impossible to avoid the use of arms in order to prevent serious and obvious danger to human life and body, and facilities. |
| (2) | Correctional officers may use arms against a person in addition to prisoners, when there are reasonable grounds deemed urgent for protection of his/her own or any third party's life and body, restrain a seizure against prisoners, or prevent a danger to a building, other facilities and arms, within any correctional institution (where a correctional officer keeps safe guard of a prisoner in the place outside of a correctional institution, such place shall be included). <Amended by Act No. 14170, May 29, 2016> |
| (3) | Correctional officers shall use arms upon order of a warden or a person who performs the duties on behalf of the warden: Provided, That this shall not apply where no time to receive such order exists. <Amended by Act No. 14170, May 29, 2016> |
| (4) | In cases of intending to use arms under paragraphs (1) and (2), the warning of such intention shall be provided to the other party in advance by firing blank cartridges or in another appropriate manner. |
| (5) | Use of arms shall be limited to the minimum necessary extent and shall be the last means. |
| (6) | Necessary matters concerning the types of arms to be used, requirements for using arms per type, procedures of use, etc. shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 102 (Measures against Disaster) |
| (1) | If an urgent measure is needed to maintain security and order of any correctional institution, due to the occurrence of natural disaster or other disasters, the relevant warden may have prisoners assist the work for restoration from damage or other urgent work. |
| (2) | If there exists no method of escape from natural disaster or other accidents within a correctional institution, the relevant warden may transfer prisoners to another place. |
| (3) | If the transfer referred to in paragraph (2) is impossible, the relevant warden may release prisoners temporarily. |
| (4) | Prisoners released under paragraph (3) shall be present at the correctional institution or police agency within 24 hours after release. |
| Article 103 (Arrest for Confinement) |
| (1) | Where a prisoner absconds or engages in any act falling under any subparagraph of Article 133 (hereinafter referred to as "abscondence, etc."), any correctional officer may arrest him/her only within 72 hours after the abscondence or period of attendance. |
| (2) | If urgently necessary for an arrest under paragraph (1), any correctional officer may stop those who have considerable reasons to be suspected of engaging in abscondence, etc. or who are deemed to know the course of movement or location of persons amidst abscondence, etc. and make inquiry to them. |
| (3) | If a correctional officer makes inquiry under paragraph (2), he/she shall present a document that indicates his/her identification and explain the purpose and reason for making inquiry. |
| (4) | For an arrest under paragraph (1), any correctional officer may request a manager or related person of show places, inns, restaurants, stations and other places where many people come in and out, to cooperate in his/her access to such places or other specially necessary matters within business hours. |
| (5) | In cases of accessing necessary places under paragraph (4), each correctional officer shall present a certification indicating his/her identification and shall not obstruct the justifiable duties of the manager or related person of such places. |
| Article 104 (Management of Persons who Commit Crime Related to Narcotics, etc.) |
| (1) | With respect to prisoners prescribed by Ordinance of the Ministry of Justice, such as persons who commit crimes related to narcotics and organized violence, a warden may manage them separately from other prisoners to maintain security and order of a correctional institution, as prescribed by Ordinance of the Ministry of Justice, by preventing them from contacting other prisoners, keeping safe guard of them strictly, or taking other measures. |
| (2) | In cases of managing prisoners under paragraph (1), each warden shall not limit the basic treatment to them. |
CHAPTER XII DISCIPLINE, REWARDS AND PUNISHMENT
| Article 105 (Discipline, etc.) |
| (1) | Prisoners shall comply with the regulations determined by the Minister of Justice to maintain security and order of correctional institutions. |
| (2) | Prisoners shall comply with the daily schedule prepared by the respective wardens. |
| (3) | Prisoners shall obey the directions of any correctional officer in connection with his/her duties. |
If a prisoner falls under any of the following cases, the relevant warden may grant him/her a reward, as prescribed by Ordinance of the Ministry of Justice:
| 1. | Where a prisoner saves any other person's life or has prevented the abscondence of other prisoners; |
| 2. | Where a prisoner has contributed to any urgent work referred to in Article 102 (1); |
| 3. | Where a prisoner is deemed to provide distinguished service to the maintenance of security and order of a correctional institution; |
| 4. | Where deemed necessary to grant the reward to a prisoner since he/she sets a good example in the living under confinement or suggests a constructive and creative proposal. |
| Article 107 (Disciplinary Action) |
Any warden may impose disciplinary action against a prisoner when he/she commits any of the following acts, according to the resolution of the disciplinary committee under Article 111: | 2. | Self-injury to achieve his/her request, such as the convenience of the living under confinement; |
| 3. | Refusal or negligence of work, education, etc. without justifiable grounds; |
| 4. | Carrying in, making, possessing, using, taking, exchanging or hiding the prohibited goods referred to in Article 92; |
| 5. | Reporting false information to have others punished or obstructing the performance of duties by a correctional officer; |
| 6. | Any other act in contravention of the regulations determined by Ordinance of the Ministry of Justice for the maintenance of security and order of the institution. |
| Article 108 (Types of Disciplinary Action) |
The types of disciplinary action shall be as follows:
| 2. | Labor service for up to 50 hours; |
| 3. | Reduction of a work bonus for up to 3 months; |
| 4. | Prevention from participation in joint events for up to 30 days; |
| 5. | Restriction on reading newspapers for up to 30 days; |
| 6. | Restriction on watching television for up to 30 days; |
| 7. | Restriction on using the goods purchased at his/her own expense for up to 30 days (excluding pharmaceutical products for treatment prescribed by a doctor); |
| 8. | Suspension of work for up to 30 days; |
| 9. | Restriction on telephone communications for up to 30 days; |
| 10. | Restriction on writing for up to 30 days; |
| 11. | Restriction on receiving and sending correspondence for up to 30 days; |
| 12. | Restriction on holding a meeting for up to 30 days; |
| 13. | Suspension of doing outdoor exercise for up to 30 days; |
| 14. | Forfeiture of rights for up to 30 days. |
| Article 109 (Imposition of Disciplinary Action) |
| (1) | The dispositions provided for in subparagraphs 4 through 13 of Article 108 may be imposed concurrently. |
| (2) | If a prisoner falls under any of the following cases, up to 1/2 of the period of disciplinary action prescribed in subparagraphs 2 through 14 of Article 108 may be increased: |
| 1. | Where 2 or more grounds for disciplinary action coexist; |
| 2. | Where a prisoner reengages in the act falling under the grounds for disciplinary action while the disciplinary action is being executed or within 6 months after the termination of or exemption from the execution of the disciplinary action. |
| (3) | No disciplinary action shall be reimposed for the same act, and it shall be limited to the minimum necessary extent for the achievement of confinement purposes, in consideration of the motive and seriousness of the act, the situation after the act and other conditions. |
| (4) | No disciplinary action shall be imposed after elapse of two years from the day when the grounds for disciplinary action occur. |
| Article 110 (Investigation of Persons subject to Disciplinary Action) |
| (1) | If any prisoner, who has considerable reasons to be suspected of engaging in any conduct constituting grounds for disciplinary action (hereinafter referred to as "person deemed subject to disciplinary action"), falls under any of the following cases, a warden may confine him/her separately during the period of investigation: |
| 1. | Where he/she is likely to destroy evidence; |
| 2. | Where he/she is likely to inflict any harm on others or needs to be protected from any harm from other prisoners. |
| (2) | If a person deemed subject to disciplinary action falls under any subparagraph of paragraph (1), a warden may fully or partially limit any treatment that enables contact with other people, such as meeting, receiving and sending of correspondence, telephone communication, outdoor exercise, work, education and training, participation in joint events and halfway treatment. <Amended by Act No. 13235, Mar. 27, 2015> |
| Article 111 (Disciplinary Committee) |
| (1) | Each correctional institution shall establish a disciplinary committee (hereafter referred to as the "committee" in this Article) in order to decide the disciplinary action against persons subject to disciplinary action. |
| (2) | The committee shall be comprised of at least five but not more than seven members. The person on the second rank after the warden shall serve as the chairperson of the committee and members shall be appointed or commissioned by the warden, from among the directors of the competent agencies (in cases of branches, correctional officers of Grade VII or in higher rank) and outside personnel, who have much knowledge and experience in correction. In such cases, the outside members shall be at least three. |
| (3) | The committee shall be held upon the warden's request for disciplinary action, which shall be decided by the resolution of the committee. |
| (4) | Where members are relative of persons subject to disciplinary action or where there is any special ground to believe that impartiality from them in deliberation and resolution is hardly expected, no such member may attend the committee. |
| (5) | Any person subject to disciplinary action may file a request for challenge to any member. In such cases, such challenge shall be determined by the resolution of the committee. |
| (6) | The committee shall provide a sufficient opportunity for persons subject to disciplinary action to make a statement by attending the committee and they may state any facts favorable to them in writing or orally or file evidence. |
| (7) | Members of the committee who are not public officials shall be construed as public officials when Article 127 and Articles 129 through 132 are applied. <Newly Inserted by Act No. 13721, Jan. 6, 2016> |
| Article 112 (Execution of Disciplinary Action) |
| (1) | The disciplinary action shall be executed by any warden. |
| (2) | If deemed necessary for the execution of the disciplinary action, any warden may confine prisoners separately. |
| (3) | The restriction on treatment provided for in subparagraphs 4 through 12 of Article 108 shall be imposed concurrently on those who are subject to a disposition provided for in subparagraph 14 of Article 108 for the relevant period: Provided, That if deemed especially necessary for the remedy against infringement of rights of prisoners and convicted prisoners' edification or sound rehabilitation into society, any warden may permit them to write works, receive correspondence, or hold a meeting. <Amended by Act No. 14281, Dec. 2, 2016> |
| (4) | Where anyone subject to the disciplinary action prescribed in subparagraph 14 of Article 108 falls under any of the following cases and the warden deems it necessary, the warden may restrict outdoor exercise as long as it does not hurt health maintenance: Provided, That outdoor exercise shall be allowed at least once a week even when it is restricted: <Newly Inserted by Act No. 14281, Dec. 2, 2016> |
| 1. | Where flight risk exists; |
| 2. | Where risk of self-harm exists; |
| 3. | Where risk of harm to others exists; |
| 4. | Other cases where risk of undermining safety or order of the facilities exists, as prescribed by Ordinance of the Ministry of Justice. |
| (5) | In cases of executing the dispositions provided for in subparagraph 13 or 14 of Article 108, each warden shall have a medical officer check the health of prisoners and also confirm the health status frequently while the disposition is executed. <Amended by Act No. 14281, Dec. 2, 2016> |
[Part of the main sentence of paragraph (3) of this Article, regarding subparagraph 13 of Article 108 was amended by Act Number 14281 on December 2, 2016, after that part was decided unconstitutional by the Constitutional Court on May 26, 2016]
| Article 113 (Discontinuance of and Exemption from Execution of Disciplinary Action) |
| (1) | Where the execution of disciplinary action is difficult due to a disease or other reasons, any warden may discontinue its execution temporarily until the relevant reason is settled. |
| (2) | Where a prisoner under execution of disciplinary action obviously repents, any warden may reduce such disciplinary action or exempt the execution of disciplinary action for the remaining period. |
| Article 114 (Suspension of Execution of Disciplinary Action) |
| (1) | When deciding the disciplinary action against a prisoner who has any reasons for the relevant circumstances to be considered, such as motives and conditions of an act, correctional records, levels of repentance, the Committee may resolve the suspension of execution thereof for a period of between two and six months. |
| (2) | Where a prisoner, under suspended execution of disciplinary action, reengages in an act subject to disciplinary action under Article 107 and the disciplinary action is decided, the relevant warden shall execute such suspended disciplinary action. |
| (3) | Where a prisoner has completed the suspension period without receiving any disciplinary action after he/she was granted suspension of execution thereof, the execution of the relevant disciplinary action shall be deemed to have been completed. |
| Article 115 (Invalidation, etc. of Disciplinary Action) |
| (1) | If a prisoner, for whom the execution of disciplinary action has been completed or exempted, has a satisfactory correctional record and does not receive any disciplinary action during the period determined by Ordinance of the Ministry of Justice, the relevant warden may invalidate such disciplinary action after obtaining approval of the Minister of Justice. |
| (2) | Notwithstanding paragraph (1), if deemed that a prisoner has made a significant contribution to preventing accidents in a correctional institution, any warden may invalidate the relevant disciplinary action after obtaining approval of the Minister of Justice through the resolution of the committee for classified treatment. |
| (3) | Necessary matters concerning the disciplinary action, in addition to those provided for in this Act, shall be prescribed by Ordinance of the Ministry of Justice. |
CHAPTER XIII REMEDY AGAINST INFRINGEMENT OF RIGHTS
| Article 116 (Interview with Warden) |
| (1) | Prisoners may apply for an interview with the warden concerning treatment. |
| (2) | Where any application for interview from prisoners has been made, the relevant warden shall accept the interview unless any of the following grounds exists: |
| 1. | Where a prisoner does not disclose a reason for interview without justifiable grounds; |
| 2. | Where the purpose of interview is to request matters which evidently violate any statute; |
| 3. | Where a prisoner applies for interview repeatedly without justifiable grounds, irrespective of the interview done for the same reason; |
| 4. | Where reasonable grounds exist to deem that the purpose of interview is to obstruct the execution of duties by any correctional officer. |
| (3) | If any special circumstance exists, any warden may have the relevant correctional officer under his/her control do the interview on his/her behalf. In such cases, the person who has the interview on behalf of the warden shall report the result thereof to the warden without delay. |
| (4) | If there exist any necessary matters to be treated after the interview, the warden shall inform the relevant prisoner of the result of such treatment. |
| (1) | Any prisoner who is dissatisfied with the relevant treatment may file a petition with the Minister of Justice, a public official on a circuit inspection or the commissioners of regional correction headquarters. |
| (2) | Each prisoner who desires to file a petition under paragraph (1) shall prepare, seal and submit a written petition to the warden: Provided, That a petition may be filed orally with a public official on a circuit inspection. |
| (3) | No warden shall open a written petition, and he/she shall forward it without delay to the Minister of Justice, a public official on a circuit inspection or the commissioners of regional correction headquarters, or deliver it to a public official on a circuit inspection. |
| (4) | Where a public official on a circuit inspection listens to a petition under the proviso to paragraph (2), any correctional officer of the relevant correctional institution shall not participate therein. <Amended by Act No. 14170, May 29, 2016> |
| (5) | A decision on the petition shall be made in writing. |
| (6) | A warden shall without delay deliver a written decision to the relevant petitioner upon receipt of such decision of the petition. |
| Article 117-2 (Request for Disclosure of Information) |
| (1) | A prisoner may request the Minister of Justice, the commissioner of regional correction headquarter or the warden to disclose information pursuant to the Official Information Disclosure Act. |
| (2) | Where a prisoner who has requested the Minister of Justice, the commissioner of regional correction headquarters or the warden to disclose information under paragraph (1) withdraws such request without any justifiable reason during his/her confinement period or where a prisoner who has failed to pay for the expenses referred to in Article 17 of the Official Information Disclosure Act at least twice during his/her confinement period, the Minister of Justice, the commissioner of regional correction headquarter or the warden may have the prisoner pay in advance for the expected expenses for the disclosure, mailing, etc. of information if he/she requests the disclosure of the information under paragraph (1). |
| (3) | Where a prisoner who is obligated to pay in advance for the expected expenses for the disclosure, mailing, etc. of information pursuant to paragraph (2) fails to do so, the Minister of Justice, the commissioner of a regional correction headquarter or the warden may suspend a decision on whether the information is disclosed under Article 11 of the Official Information Disclosure Act until such expenses are paid for. |
| (4) | The method of calculating and paying for the expected expenses referred to in paragraph (2), the period of payment of such expenses, and other matters necessary to pay for them shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 10273, May 4, 2010]
| Article 118 (Prohibition of Unfavorable Treatment) |
No prisoner shall be treated unfavorably on the grounds that he/she has filed a petition or appeal, has had an interview with the warden and has engaged in any act for the remedy of infringement of rights.
PART III TERMINATION OF CONFINEMENT
| Article 119 (Parole Review Board) |
A parole review board (hereafter referred to as the "Review Board" in this Chapter) shall be established under the control of the Minister of Justice for reviewing eligibility for parole under Article 72 of the Criminal Act.
| Article 120 (Organization of Review Board) |
| (1) | The Review Board shall be comprised of at least 5 but not more than 9 members, including the chairperson. |
| (2) | The Vice Minister of Justice shall be the chairperson, and the Minister of Justice shall appoint or commission members from among judges, public prosecutors, lawyers, public officials belonging to the Ministry of Justice and persons who have much knowledge and experience in correction. |
| (3) | The extent and timing of disclosing procedures for review conducted by the Review Board and details thereof to the public shall be as follows: Provided, That the details referred to in subparagraphs 2 and 3 shall be disclosed to the public after erasing the part by which an individual's personal affairs can be identified, but the Review Board may determine otherwise where grounds, such as the necessity to satisfy the people's right to know, exist: <Amended by Act No. 10865, Jul. 18, 2011> |
| 1. | The list and career of members to be disclosed to the public at the moment of appointment or commissioning; |
| 2. | Review documents to be disclosed to the public immediately after relevant parole is determined, etc.; |
| 3. | Meeting minutes to be disclosed to the public when five years pass from the time relevant parole is determined, etc. |
| (4) | Members of the committee who are not public officials shall be construed as public officials when Article 127 and Articles 129 through 132 are applied. <Newly Inserted by Act No. 13721, Jan. 6, 2016> |
| (5) | Other matters necessary for the Review Board shall be prescribed by Ordinance of the Ministry of Justice. <Newly Inserted by Act No. 10865, Jul. 18, 2011> |
| Article 121 (Review of Eligibility for Parole) |
| (1) | With respect to a convicted prisoner who has served a period of punishment under Article 72 (1) of the Criminal Act, each warden shall file an application for review of eligibility for parole with the Review Board, as prescribed by Ordinance of the Ministry of Justice. |
| (2) | The Review Board shall take into account the relevant convicted prisoner's age, motive for crime, name of an offense, period of punishment, correctional record, health status, means of livelihood and living environment after parole, risk of recommitment of a crime and other necessary circumstances and decide the eligibility for parole. |
| Article 122 (Permission for Parole) |
| (1) | Once the Review Board decides the eligibility for parole, it shall file an application for permission for parole with the Minister of Justice within 5 days. |
| (2) | 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 reasonable. |
The release of prisoners shall be executed by a warden according to pardon, expiration of period of punishment, or order of an authorized person.
| Article 124 (Timing for Release) |
| (1) | The release by pardon, parole, exemption from punishment, and reduction of punishment shall be executed within 12 hours after the arrival of documents thereof: Provided, That where the date and time of release are designated on the relevant document, the release shall be executed on such date and time. |
| (2) | The release by expiration of period of punishment shall be executed on the expiration date of the relevant period of punishment. |
| (3) | The release by order of an authorized person shall be executed within 5 hours after the arrival of documents. |
| Article 125 (Temporary Confinement of Released Persons) |
Any warden may confine temporarily a released person in a correctional institution at such person's request, when he/she has difficulty in returning home due to disease or other inevitable reasons.
| Article 126 (Payment, etc. of Expenses for Returning Home) |
Where a released person has no travel expenses or clothes required for returning home, any warden may pay or lend them within the scope determined by the Minister of Justice.
| Article 127 (Notification of Death) |
Where any prisoner is deceased, the relevant warden shall notify thereof to his/her family immediately (where the prisoner has no family, any other relative).
| Article 128 (Delivery, etc. of Corpses) |
| (1) | Where a relative of or person in a special relationship, with a deceased prisoner requests the delivery of the corpse or remains, the relevant warden shall comply with such request: Provided, That this shall not apply to cases of natural burial or mass burial set forth in paragraph (3). <Amended by Act No. 13235, Mar. 27, 2015> |
| (2) | Where a person who has received notification of the death of a prisoner pursuant to Article 127 fails to claim the corpse within the any of the following periods or there is no one to claim the corpse, the warden shall bury such corpse temporarily or store remains after cremation: Provided, That if deemed necessary for the prevention, etc. of infectious diseases, the warden shall immediately cremate the corpse, and may take other necessary measures: <Amended by Act No. 13235, Mar. 27, 2015> |
| 1. | In cases of temporary burial: Three days from the date of receipt of the notification; |
| 2. | In cases of storage of remains after cremation: Sixty days from the date of receipt of the notification. |
| (3) | If no one has requested the delivery of the corpse two years after the temporary burial or the storage of remains after cremation under paragraph (2), a warden may dispose of the corpse by methods under the following classification: <Amended by Act No. 13235, Mar. 27, 2015> |
| 1. | In cases of temporary burial: Natural burial after cremation or mass burial in a certain place; |
| 2. | In cases of storage of remains after cremation: Natural burial. |
| (4) | A warden may deliver a prisoner's corpse to a hospital or research institution for academic research at its request, only if the principal has left a will or his/her heir consents thereto. |
| (5) | If a prisoner is deceased, a warden may pay the expenses incurred in the cremation or delivery of the corpse to the person who claims the corpse, within the scope determined by the Minister of Justice. |
PART IV ADVISORY COMMITTEE ON CORRECTION, ETC.
| Article 129 (Advisory Committee on Correction) |
| (1) | An advisory committee on correction (hereafter referred to as the "Advisory Committee" in this Article) shall be established in a correctional institution to respond to the warden's inquiries on the operation of the correctional institution and treatment, etc. of prisoners. |
| (2) | The Advisory Committee shall be comprised of not less than five nor more than seven members. The chairperson shall be elected from among the members and the members shall be commissioned by the Minister of Justice, upon the recommendation of the warden, from among the outside persons who have much knowledge and experience in correction. |
| (3) | Necessary matters concerning the Advisory Committee, in addition to those provided for in this Act, shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 130 (Correction Commissioners) |
| (1) | A correction commissioner may be placed in a correctional institution in order to support education, edification, medical treatment and other treatment of prisoners. |
| (2) | Each correction commissioner shall be an honorary post and commissioned by the Minister of Justice upon the recommendation of the warden. |
| Article 131 (Acceptance of Donations) |
Any warden may receive money and valuables donated voluntarily by agencies, organizations or individuals to any correctional institution for prisoners' edification, etc.
PART V PENALTY PROVISIONS
| Article 132 (Carrying-in, etc. of Liquor) |
| (1) | Any person who engages in any of the following acts shall be punished by imprisonment with labor for up to six months or by a fine not exceeding two million won: |
| 1. | Carrying in liquor, tobacco, cash or check to a correctional institution or possessing, using, receiving, exchanging or hiding them; |
| 2. | Carrying in liquor, tobacco, cash or check to a correctional institution without permission for the purpose of delivery to any prisoner, or receiving or exchanging them with any prisoner. |
| (2) | Any person who has attempted a crime referred to in paragraph (1) shall be punished. |
| (3) | Contraband goods referred to in paragraph (1) shall be confiscated. |
| Article 133 (Violation, etc. of Obligation for Appearance) |
Any prisoner who engages in any of the following acts shall be punished by imprisonment with labor for up to one year:
| 1. | Failure to appear at a correctional institution or police agency within 24 hours after temporary release without justifiable grounds, in violation of Article 102 (4); |
| 2. | Failure to return to a correctional institution within the designate period without justifiable grounds, after going outside the correctional institution without any correctional officer's safe guard, with permission of the relevant warden for leave, commuting to outside or other reasons. |
ADDENDA
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Article 2 (Applicability to Claims for Consolation Money and Condolence Money)
The amended provisions of Article 76 shall begin to apply from the right to receive consolation money and condolence money first acquired after this Act enters into force. Article 3 (Transitional Measures concerning Delivery of Money and Valuables)
Notwithstanding the amended provisions of Article 28, the former provisions shall apply to any money or valuables left by deceased prisoners or fugitive prisoners as at the time this Act enters into force. Article 4 (Transitional Measures concerning Disciplinary Actions)
| (1) | The former provisions shall apply to any violation committed before this Act enters into force and falling under grounds for disciplinary actions: Provided, That where the provisions of this Act are favorable to an offender, this Act shall apply. |
| (2) | Where an act falling under grounds for disciplinary actions was done over the period before or after this Act enters into force, it shall be deemed to have been done after this Act enters into force. |
| (3) | Any disciplinary action imposed under the former provisions before this Act enters into force shall be deemed to have been imposed under this Act: Provided, That where the disciplinary action was imposed in excess of the scope of imposition, such excess shall be deemed not to have been imposed, and the imposition of disciplinary action not provided for in this Act shall be deemed not to have been made. |
Article 5 Omitted.
Article 6 (Relation with Other Statutes)
Where the former Criminal Administration Act or its provisions are cited by other statutes as at the time this Act enters into force and this Act has any provisions falling under the cited provisions, this Act and the corresponding provisions of this Act shall be deemed to be cited.
ADDENDUM <Act No. 9136, Dec. 11, 2008>
This Act shall enter into force on December 22, 2008.
ADDENDA <Act No. 9847, Dec. 29, 2009>
Article 1 (Enforcement Date)
This Act shall enter into force one year after the date of its promulgation.
Articles 2 through 22 Omitted.
ADDENDUM <Act No. 10273, May 4, 2010>
This Act shall enter into force on the date of its promulgation.
ADDENDUM <Act No. 10865, Jul. 18, 2011>
This Act shall enter into force three months after the date of its promulgation.
ADDENDA <Act No. 11005, Aug. 4, 2011>
Article 1(Enforcement Date)
This Act shall enter into force one year after the date of its promulgation. (Proviso Omitted.)
Articles 2 through 4 Omitted.
ADDENDUM <Act No. 12900, Dec. 30, 2014>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 13235, Mar. 27, 2015>
Article 1 (Enforcement Date)
This Act shall enter into force three months after the date of its promulgation.
Article 2 (Applicability to Return, etc. of Money and Valuables Provisionally Held)
The amended provisions of Article 29 shall begin to apply from prisoners released on or after this Act enters into force. Article 3 (Applicability to Cremation, etc. of Corpse)
The amended provisions of Article 128 (1) through (3) shall begin to apply from prisoners who die on or after this Act enters into force.
ADDENDUM <Act No. 13721, Jan. 6, 2016>
This Act shall enter into force on the date of its promulgation.
ADDENDA <Act No. 14170, May 29, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Articles 2 and 3 Omitted.
ADDENDA <Act No. 14281, Dec. 2, 2016>
Article 1 (Enforcement Date)
This Act shall enter into force on the date of its promulgation.
Article 2 (Applicability to Restriction of Outdoor Excercise during Forfeiture of Rights)
The amended provisions of Article 112 (4) shall begin to apply from cases where the disciplinary action prescribed in subparagraph 14 of Article 108 is imposed for an act committed after this Act enters into force.
ADDENDA <Act No. 15259, Dec. 19, 2017>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation.
Article 2 (Applicability to the Summary Admission Procedures)
The amended provisions of Article 16-2 shall begin to apply from the first case where a criminal suspect is arrested or a request is issued for a warrant of detention for a criminal suspect after this Act enters into force.