PART I GENERAL PROVISIONS
The purpose of this Act is to promote correction and rehabilitation of sentenced inmates and their successful return to society and to prescribe necessary matters concerning treatment and rights of inmates and operation of correctional facilities.
The definitions of terms used in this Act shall be as follows: <Amended by Act No. 14281, Dec. 2, 2016>
| 1. | The term "inmate" means sentenced inmates, unsentenced inmates, death row inmates, etc., who are confined in a correctional institution, detention center and branches thereof (hereinafter referred to as "correctional facility") pursuant to an Act and a legal procedure; |
| 2. | The term "sentenced inmate" means persons finally and irrevocably sentenced to imprisonment with or without labor, or misdemeanor imprisonment and confined in a correctional facility; and persons ordered to be detained in a workhouse for default of the full payment of a fine or minor fine; |
| 3. | The term "unsentenced inmate" means criminal suspects or criminal defendants confined in correctional facilities after being arrested or upon the execution of a warrant of confinement; |
| 4. | The term "death row inmate" 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 facilities and other places in which correctional officers keep safe guard of inmates and their control is required.
| Article 4 (Respect for Human Rights) |
Human rights of inmates shall be respected to the utmost in the enforcement of this Act.
| Article 5 (Prohibition of Discrimination) |
Inmates 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 5-2 (Establishment of Master Plans) |
| (1) | The Minister of Justice shall establish and implement a master plan for execution of punishment and treatment of inmates (hereinafter referred to as "master plan") every five years to efficiently attain the purpose of this Act. |
| (2) | A master plan shall include the following matters: |
| 1. | Basic direction-setting pertaining to the execution of punishment and treatment of inmates; |
| 2. | Matters concerning the increase or decrease in demand for correctional facilities, such as the increase or decrease in population and crimes and the trend of investigation or execution of punishment; |
| 3. | Actual status of confinement in correctional facilities and measures to maintain adequate sizes of correctional facilities; |
| 4. | Measures to increase number of correctional officers to an adequate level for treatment of inmates and maintenance and management of correctional facilities; |
| 5. | Current status of correctional institution work and vocational training, and measures to expand work facilities and programs for the successful return of sentenced inmates to society; |
| 6. | Direction-setting of programs necessary for the education, rehabilitation and social adaptation of sentenced inmates; |
| 7. | Actual status of the protection of human rights of inmates, and measures to promote human rights; |
| 8. | Types of occurrence of accidents in correctional facilities, and matters necessary for preventing such accidents; |
| 9. | Matters concerning cooperation with related agencies in connection with the execution of punishment and treatment of inmates; |
| 10. | Other matters that the Minister of Justice deems necessary. |
| (3) | Where the Minister of Justice intends to establish or amend a master plan, he/she shall consult with related agencies, such as the court, the prosecution and the police. |
| (4) | The Minister of Justice may investigate actual conditions and conduct a survey for demand forecast to establish a master plan. |
| (5) | Where deemed necessary to establish a master plan, the Minister of Justice may request necessary data from the heads of related agencies. In such cases, the heads of the agencies in receipt of the request for data shall comply to such request unless unavoidable circumstances exist. |
[This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 5-3 (Establishment and Operation of Consultative Body) |
| (1) | The Minister of Justice may establish and operate a consultative body with related agencies such as the court, the prosecution and the police, to consult about the execution of punishment and treatment of inmates. |
| (2) | Matters necessary for the establishment, operation, etc. of a consultative body under paragraph (1) shall be prescribed by Presidential Decree. |
[This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 6 (Scale and Equipment of Correctional Facilities) |
| (1) | Each correctional facility 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 facility. |
| (2) | Wards, places of work, visiting rooms or other equipment for living under confinement in correctional facilities 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 inmates may lead a healthy life. |
| (3) | The Minister of Justice shall secure adequate human resources to treat the inmates and to maintain and manage correctional facilities. <Newly Inserted by Act No. 16345, Apr. 23, 2019> |
| Article 7 (Entrusting Establishment and Operation of Correctional Facilities to Private Entity) |
| (1) | The Minister of Justice may entrust a part of the duties concerning the establishment and operation of correctional facilities 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 facilities, standards for selection of persons to be subject to confinement, standards for treatment of inmates, procedures for entrustment, supervision by the State, and other necessary matters shall be determined separately by other statutes. |
| Article 8 (Circuit Inspection on Correctional Facilities) |
The Minister of Justice shall conduct a circuit inspection on the correctional facilities 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 facilities, the services of correctional officers, the treatment and human rights of inmates, etc. <Amended by Act No. 14170, May 29, 2016>
| Article 9 (Inspections and Observation of Correctional Facilities) |
| (1) | Judges or public prosecutors may inspect correctional facilities if necessary for their duties. |
| (2) | Where any person other than a judge or a public prosecutor under paragraph (1) intends to observe correctional facilities, he/she shall obtain permission of the head of the relevant correctional facility (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 statute.
PART II TREATMENT OF INMATES
| Article 11 (Separate Confinement) |
| (1) | Inmates shall be confined separately according to the following classification: <Amended by Act No. 9136, Dec. 11, 2008> |
| 1. | Sentenced inmates aged 19 years or older: Correctional facilities; |
| 2. | Sentenced inmates under the age of 19 years: Juvenile correctional facilities; |
| 3. | Unsentenced inmates: Detention centers; |
| 4. | Death row inmates: Correctional institutions or detention centers. In such cases, standards for specific classification shall be prescribed by Ordinance of the Ministry of Justice. |
| (2) | The branches of correctional institutions and detention centers shall confine inmates according to the nature of the correctional institutions and detention centers. |
| Article 12 (Exception to Separate Confinement) |
| (1) | If any of the following grounds exists, unsentenced inmates may be confined in a correctional institution: |
| 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) | Sentenced inmates may be confined in a detention center if it is necessary for work, such as cooking, or if any special ground exists. |
| (3) | Where sentenced inmates reach 19 years of age while being confined in juvenile correction facilities, if such confinement is deemed necessary for performance of their education, rehabilitation 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 sentenced inmate who is to be transferred to another correctional facility, 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 sentenced inmates and unsentenced inmates, and sentenced inmates aged 19 years or older and those under the age of 19 years are to be confined in the same correctional facilities under Article 12, they shall be confined separately. <Amended by Act No. 9136, Dec. 11, 2008> |
| Article 14 (Solitary Confinement) |
Inmates 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 inmates' life or bodies or their emotional stability; |
| 3. | Where solitary confinement is necessary for sentenced inmates' rehabilitation or successful return to society. |
| Article 15 (Designation of Confinement Wards) |
In cases of designating a ward of inmates, 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 inmates.
| Article 16 (Confinement of New Inmates) |
| (1) | With respect to any person newly confined in a correctional facility 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:
[This Article Newly Inserted by Act No. 15259, Dec. 19, 2017]
| Article 17 (Matters Requiring Notification) |
New inmates and persons transferred from other correctional facilities 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 visits, correspondence and rights of inmates; |
| 4. | Matters concerning disciplinary action, discipline, and obligations of inmates; |
| 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) |
| (1) | With respect to new inmates and persons transferred from other correctional facilities, the relevant warden shall have their photo and fingerprints taken, designate their inmate number and take other measures prescribed by Presidential Decree, to the extent necessary for distinguishing them from other inmates. |
| (2) | Any warden may take the measures referred to in paragraph (1) with respect to inmates under confinement, if deemed necessary for the purpose of confinement. |
| Article 20 (Transfer of Inmates) |
| (1) | Where deemed necessary for confinement, work, rehabilitation, medical treatment and other treatments of inmates or maintenance of security and order of the institution, the relevant warden may transfer them to another correctional facility 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 facilities exist, the warden shall notify such fact to the family of inmates (referring to spouses, lineal ascendants, lineal descendants, brothers or sisters; hereinafter the same shall apply), without delay: Provided, That this shall not apply where inmates do not wish such notification.
CHAPTER II PROVISION OF GOODS
| Article 22 (Provision of Clothing and Bedclothes) |
| (1) | Each warden shall provide inmates 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 inmates 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 (Purchase at Their Own Cost) |
| (1) | Inmates 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 inmates' own expense shall be prescribed by Ordinance of the Ministry of Justice. |
CHAPTER III MANAGEMENT OF MONEY AND VALUABLES
| Article 25 (Provisional Holding of Money and Valuables in Custody) |
| (1) | Each warden shall provisionally hold in custody the money and valuables of inmates in a correctional facility: Provided, That if their personal belongings fall under any of the following subparagraphs, the relevant warden may require the inmate 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 inmates 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 (Inmates' Holding of Goods) |
| (1) | Inmates 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 facility, a warden may have inmates send them to persons designated by themselves or dispose of them in other appropriate ways. |
| (3) | If inmates 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 Inmates) |
| (1) | If any person other than an inmate requests the delivery of money and valuables to an inmate, each warden shall permit it unless any of the following grounds exists: |
| 1. | Where it is likely to do harm to the rehabilitation of sentenced inmates or their successful return to 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 inmate to the sender, if the inmate 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 inmates of such fact. |
| Article 28 (Delivery of Money and Valuables Left) |
| (1) | If any deceased inmate 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 inmates 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 of Money and Valuables Provisionally Held) |
| (1) | A warden shall return the money and valuables of inmates provisionally held, to the relevant inmates upon their release: Provided, That this shall not apply where an inmate 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 inmate” 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 inmates.
| Article 31 (Maintenance of Cleanness) |
Each warden shall take measures so that all the facilities and apparatus used by inmates may be maintained in a clean condition at all times.
| Article 32 (Obligation to Maintain Cleanliness) |
| (1) | Inmates shall keep their bodies and clothing clean and cooperate in maintaining cleanliness for their own ward, workplace and other confinement facilities. |
| (2) | Inmates 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 inmates 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 inmates periodically. |
| (2) | Necessary matters concerning the frequency of medical examinations, etc. shall be prescribed by Presidential Decree. |
| Article 35 (Measures against Infectious Disease) |
If necessary for preventing outbreak and spread of infectious disease or other infection, the warden shall vaccinate, place in solitary confinement, transfer inmates or take other necessary measures. <Amended by Act No. 14281, Dec. 2, 2016>
| Article 36 (Treatment of Injured Persons) |
| (1) | If inmates 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 facility may administer a trivial medical treatment 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 in External Medical Institutions) |
| (1) | A warden may, if deemed necessary for the appropriate treatment of inmates, permit them to receive medical treatment in medical institutions outside of correctional facilities (hereinafter referred to as "external medical institutions"). |
| (2) | A warden may, if deemed necessary for the treatment of inmates' 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 inmates. |
| (4) | When an inmate 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 inmate has no surviving family, the person designated by the inmate): Provided, That this shall not apply where the inmate does not desire such notification. |
| (5) | Where an inmate 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 inmate fully or partially bear the medical expenses. |
| Article 38 (Treatment at One’s Own Expense) |
If an inmate 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 facility (including a public health doctor; hereinafter referred to as "medical officer").
| Article 39 (Treatment Environment) |
| (1) | Each correctional facility shall have medical human resources and facilities necessary for treatment of inmates. |
| (2) | If any inmate is suspected of having a mental disease, the warden shall ensure that such inmate 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 inmates. |
| (4) | Necessary matters concerning standards for medical facilities which each correctional facility should have shall be prescribed by Ordinance of the Ministry of Justice. |
| Article 40 (Medical Measures against Inmates' Will) |
| (1) | When an inmate 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 an inmate 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 VISIT, CORRESPONDENCE AND TELEPHONE COMMUNICATIONS
| (1) | Inmates may be visited by persons outside a correctional facility: Provided, That this shall not apply in any of the following cases: |
| 1. | Where inmates are likely to engage in any behavior in violation of criminal statutes and regulations; |
| 3. | Where it is likely to do harm to rehabilitation of sentenced inmates or their successful return to society; |
| 4. | Where it is likely to do harm to the security or order of the institution. |
| (2) | A visit to an inmate by an outside person shall take place where partitions to prevent contact have been installed: Provided, That, in any of the following cases, a visit is allowed where no partitions to prevent contact have been installed: <Newly Inserted by Act No. 16345, Apr. 23, 2019> |
| 1. | Where an unsentenced inmate (including any sentenced inmate undergoing an investigation or trial for a criminal case, and any death row inmate) meets with his/her defense counsel; |
| 2. | Where an inmate is visited by an attorney-at-law who is his/her defense counsel and the visit is not likely to harm the security or order of the relevant correctional facility. |
| (3) | In any of the following cases, a visit may be allowed where no partitions to prevent contact have been installed, notwithstanding paragraph (2): <Newly Inserted by Act No. 16345, Apr. 23, 2019> |
| 1. | Where an inmate is visited by his/her minor child; |
| 2. | Other cases prescribed by Presidential Decree. |
| (4) | In the case falling under any of the following, a warden may have a correctional officer listen to, register, or record audio or video of the details of visits: <Amended by Act No. 16345, Apr. 23, 2019> |
| 1. | When it is likely to destroy evidence of crimes or to act in violation of criminal statutes or regulations; |
| 2. | When necessary for rehabilitation of sentenced inmates or their successful return to society; |
| 3. | When necessary to maintain the security of order of the facility. |
| (5) | In cases of recording and video recording under paragraph (4), each warden shall notify the relevant inmate and his/her visitor of such fact in advance. <Amended by Act No. 16345, Apr. 23, 2019> |
| (6) | Matters concerning the frequency, time, place and method of visit, listening to, registering, recording, video recording, etc. of the details of a visit shall be prescribed by Presidential Decree. |
| Article 42 (Suspension of Visit) |
If any inmate or his/her visitor falls under any of the following cases during the visit, the relevant warden may suspend the visit:
| 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 inmates or operation of the correctional facility; |
| 5. | Where they have engaged in any behavior likely to do harm to rehabilitation of sentenced inmates or their successful return to 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) | Inmates 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 statute; |
| 2. | Where it is likely to do harm to rehabilitation of sentenced inmates or their successful return to 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 an inmate desires to exchange correspondence with other inmates in the same correctional facility, he/she shall obtain permission of the warden. |
| (3) | Any warden may confirm whether correspondence received and sent by inmates includes any goods prohibited under statutes. |
| (4) | The content of correspondence received and sent by inmates 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 statutes; |
| 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 inmates determined by Presidential Decree. |
| (5) | When correspondence of inmates is found to include any goods prohibited under statutes or regulations 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 of inmates or operation of the correctional facility; |
| 5. | Where it is likely to infringe confidentiality or freedom of privacy: |
| 6. | Where it is likely to do harm to rehabilitation of sentenced inmates or their successful return to 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 facility correspondence whose sending or receipt is prohibited under the proviso to paragraph (1) or (5) after recording and managing the detailed ground for the prohibition and informing such ground to the relevant inmate: Provided, That it may be destroyed upon consent of the inmate. <Amended by Act No. 16345, Apr. 23, 2019> |
| (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) | Inmates may have telephone communications with persons outside of correctional facilities 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 inmates. |
| (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 inmate 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 at Religious Events) |
| (1) | Inmates may participate in a religious ceremony or event conducted within the correctional facility and receive individual religious counseling. |
| (2) | Inmates 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 rehabilitation of sentenced inmates or their successful return to 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 inmates to cultivate knowledge and familiarize with culture and have inmates use them.
| Article 47 (Subscription to Newspapers) |
| (1) | Inmates 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 inmates 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 inmates 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) | Inmates 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 inmates or prevent an individual inmate from listening to radio or watching television, in any of the following cases: |
| 1. | Where it is likely to do harm to rehabilitation of sentenced inmates or their successful return to 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) | Inmates 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 facility 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 Decree. |
CHAPTER VII SPECIAL PROTECTION
| Article 50 (Treatment for Female Inmates) |
| (1) | Each warden shall treat female inmates in consideration of female physical and emotional characteristics. |
| (2) | In cases of conducting medical examinations for female inmates, 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 inmates in menstruation with goods necessary for hygiene. <Amended by Act No. 12900, Dec. 30, 2014> |
| (4) | Deleted. <by Act No. 16345, Apr. 23, 2019> |
| Article 51 (Cautions to Observe in Treatment of Female Inmates) |
| (1) | In performing counseling, education, work, etc. for female inmates (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 inmate 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 Inmates) |
| (1) | Where an inmate is pregnant or has given birth (including miscarriage and stillbirth), the relevant warden shall take appropriate measures for protection of maternity and maintenance of health, such as a periodical examination. <Amended by Act No. 16345, Apr. 23, 2019> |
| (2) | Where an inmate 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 inmate may apply for permission to rear her infant whom she has given birth to, in a correctional facility. 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 facility due to disease, injury and other reasons; |
| 2. | Where it is deemed that an inmate 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 facility 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 53-2 (Assistance in Protection of Inmates' Minor Children) |
| (2) | Where an inmate intends to request protective measures pursuant to Article 15 of the Child Welfare Act, the warden shall assist him/her in requesting such measures smoothly. |
| (3) | The guidance under paragraph (1) and the methods, procedures, and other necessary matters for providing assistance in requesting protective measures under paragraph (2) shall be determined by the Minister of Justice. |
[This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 54 (Special Treatment for Inmates) |
| (1) | Each warden shall provide appropriate consideration to the treatment of senior inmates based upon their age, health status, etc. |
| (2) | Each warden shall provide appropriate consideration to the treatment of the inmates with disabilities in consideration of their level of disability. |
| (3) | Each warden shall provide appropriate treatment to foreign inmates in consideration of their language, life, culture, etc. |
| (4) | Each warden shall provide appropriate treatment to juvenile inmates 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 senior inmates, inmates with disabilities, foreign inmates and juvenile inmates shall be prescribed by Ordinance of the Ministry of Justice. <Amended by Act No. 13235, Mar. 27, 2015> |
CHAPTER VIII TREATMENT OF SENTENCED INMATES
SECTION 1 Common Provisions
| Article 55 (Principle of Treatment of Sentenced Inmates) |
It is necessary to seek the correction and rehabilitation of sentenced inmates through education, rehabilitation program, work, vocational training, etc. and treat them so that they may promote an ability to adapt to social life.
| Article 56 (Establishment 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, rehabilitation program, work and vocational training which are appropriate for individual characteristics of sentenced inmates, 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 sentenced inmates may be improved voluntarily and their motive to return to society may be promoted. |
| (1) | Sentenced inmates shall be confined in an appropriate correctional facility 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 facilities 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 facility may have a different level of security by setting boundaries: |
| 1. | Open institution: Correctional facilities 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 sentenced inmates; |
| 2. | Relaxed security institution: Correctional facilities in which normal facilities for prevention of abscondence and management and surveillance of sentenced inmates are more relaxed than those in a general security institution; |
| 3. | General security institution: Correctional facilities equipped with normal facilities for prevention of abscondence and which conducts normal management and surveillance of sentenced inmates; |
| 4. | Heavy security institution: Correctional facilities which strengthen the equipment for prevention of abscondence and blockage of mutual contact among inmates and conducts strict management and surveillance of sentenced inmates. |
| (3) | The treatment of sentenced inmates may be adjusted upward according to their correctional records for their rehabilitation or successful return to society and in particular, sentenced inmates 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 sentenced inmate who fulfills a certain requirements prescribed by Ordinance of the Ministry for Justice to an open institution established in a local community or correctional facility 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) | Sentenced inmates may, for their rehabilitation or successful return to society, receive the volunteer service, visit and other treatment required for their adaptation to life in an appropriate place outside of a correctional facility. |
| (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 sentenced inmates 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 facility"), 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 facilities 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 by External Specialists) |
If necessary for rehabilitation of sentenced inmates or their successful return to 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 sentenced inmates 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 sentenced inmates scientifically (hereinafter referred to as "examination of classification") to establish and adjust rationally the plan for individual treatment of sentenced inmates: 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 sentenced inmates 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 sentenced inmates 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 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 inmates 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 facility, which is in exclusive charge of examinations of classification, to classify sentenced inmates scientifically.
| Article 62 (Committee for Classified Treatment) |
| (1) | Each correctional facility shall establish a committee for classified treatment in the relevant correctional facility (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 sentenced inmates. |
| (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 higher). |
| (3) | The committee may listen to the opinions from external specialists for its deliberation and resolution. |
| (4) | Except otherwise provided in this Act, necessary matters concerning the committee shall be prescribed by Ordinance of the Ministry of Justice. |
SECTION 3 Education and Rehabilitation Program
| (1) | Any warden may educate sentenced inmates so that they may acquire necessary knowledge and culture for their successful return to society. |
| (2) | Any warden shall educate properly sentenced inmates 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 sentenced inmates in an exclusive correctional facility 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 (Rehabilitation Programs) |
| (1) | Each warden shall conduct counseling, psychological therapy and other rehabilitation programs for correction and rehabilitation of sentenced inmates. |
| (2) | Each warden shall strive to form a suitable environment to enhance the effectiveness of the rehabilitation programs, such as the contents of rehabilitation programs tailored to each cause of crime, places of education, and securement of specialized personnel. <Newly Inserted by Act No. 16345, Apr. 23, 2019> |
| (3) | Necessary matters concerning the type, contents, etc. of rehabilitation 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 sentenced inmates 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 sentenced inmates, 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) |
Sentenced inmates 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 misdemeanor imprisonment at their request.
| Article 68 (Work by Commuting Outside) |
| (1) | Where deemed necessary to promote a sound return to society and acquirement of skills of sentenced inmates, 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 facility. |
| (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 sentenced inmates' successful return 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 sentenced inmates 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 Labor) |
| (1) | Where sentenced inmates 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 visit, telephone communications, education and participation in joint events: Provided, That when restricting visits or telephone communications, any warden may permit the relevant inmates 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 sentenced inmates 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 sentenced inmate 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 sentenced inmate prefers to continue working. |
| (2) | Where a sentenced inmate 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 from Work) |
| (1) | Proceeds from work shall go into the National Treasury. |
| (2) | Any warden may pay sentenced inmates a work bonus to motivate them to work and support their successful return to 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 rehabilitation or successful return to society. |
| Article 74 (Consolation and Condolence Money) |
| (1) | If any sentenced inmate 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 sentenced inmate is injured in the course of work or vocational training or is disabled by disease; |
| 2. | Where a sentenced inmate 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. |
SECTION 5 Temporary Release
| Article 77 (Temporary Release) |
| (1) | With respect to a sentenced inmate who has spent at least six months under confinement, has served 1/3 of his/her period of punishment (seven years, in cases of sentence 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 allow temporary release 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 rehabilitation or successful return to society. |
| (2) | Notwithstanding paragraph (1), any warden may allow temporary release of less than five days to a sentenced inmate 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 allowing temporary release, restrict residence or attach other necessary conditions, as prescribed by Ordinance of the Ministry of Justice. |
| (4) | The period of temporary release under paragraphs (1) and (2) shall be included in the execution period of punishment. |
| Article 78 (Revocation of Temporary Release) |
Any warden may revoke temporary release if a sentenced inmate who is temporarily released falls under any of the following:
| 1. | Where it is found that no ground to allow temporary release exists; |
| 2. | Where a sentenced inmate violates the restriction on residence or any other condition attached to the allowance of temporary release. |
CHAPTER IX TREATMENT OF UNSENTENCED INMATES
| Article 79 (Principle of Treatment of Unsentenced Inmates) |
Unsentenced inmates shall be entitled to a presumption of innocence and treated appropriately, accordingly.
| Article 80 (Prohibition of Observation) |
Wards occupied by unsentenced inmates shall not be observed.
| Article 81 (Separate Confinement) |
Unsentenced inmates involved in the same case shall be confined separately, and banned from any mutual contact.
| Article 82 (Wearing of Plain Clothes) |
Unsentenced inmates may wear plain clothes when attending an investigation, court, inspection of state administration or other investigations determined by any Act: Provided, That if an unsentenced inmate is highly likely to abscond or if deemed that any improper reason especially exists, the warden shall have such unsentenced inmate wear other clothes provided by the relevant correctional facility.
An unsentenced inmate 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 (Visit by Defense Counsel and Receiving of Correspondence) |
| (1) | Notwithstanding Article 41 (4), a correctional officer may neither intervene in visits between an unsentenced inmate 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 the visits: Provided, That the correctional officer may continue to monitor the unsentenced inmate at a visible distance. <Amended by Act No. 16345, Apr. 23, 2019> |
| (2) | Time and frequency of visits between an unsentenced inmate and his/her defense counsel shall be unlimited. |
| (3) | Notwithstanding the proviso to Article 43 (4), correspondence between an unsentenced inmate and his/her defense counsel shall not be monitored unless it is impossible for the correctional facility to verify whether the other party to correspondence is a defense counsel. |
| Article 85 (Special Rules in Investigation) |
Each warden shall ensure that an unsentenced inmate may prepare litigation documents, be visited by 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 Rehabilitation) |
| (1) | Any warden may conduct education or rehabilitation programs or assign work to unsentenced inmates only at their request. |
| Article 87 (Detention Cells) |
A detention cell installed in a police agency shall be regarded as a detention center for unsentenced inmates in a correctional facility, to which this Act shall apply mutatis mutandis.
| Article 88 (Provisions Applicable Mutatis Mutandis) |
Articles 82, 84 and 85 shall apply mutatis mutandis to sentenced inmates and death row inmates, 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 DEATH ROW INMATES
| Article 89 (Confinement of Death Row Inmates) |
| (1) | A death row inmate 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 rehabilitation programs, to assign work, and to perform other proper treatment. |
| (2) | Wards occupied by death row inmates shall not be opened to visitors. |
[This Article Wholly Amended by Act No. 9136, Dec. 11, 2008]
| Article 90 (Individual Counseling) |
| (1) | Any warden may, for emotional stability and smooth living of inmates under confinement on death row with fixed penalty, conduct education or rehabilitation programs or impose work on them at their request. <Amended by Act No. 9136, Dec. 11, 2008> |
| (2) | Necessary matters concerning education or rehabilitation programs, work and other treatment of death row inmates 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 facility. |
| (2) | No death penalty shall be executed on any legal holiday or Saturday. |
CHAPTER XI SECURITY AND ORDER
| Article 92 (Prohibited Goods) |
| (1) | No inmate shall possess any of the following goods: <Amended by Act No. 16345, Apr. 23, 2019> |
| 1. | Narcotics, firearms, swords, explosives, lethal weapons, toxic chemicals, and other goods, which are likely to be used as criminal tools; |
| 2. | Unmanned aerial vehicles, electronic and communication equipment, and other goods that may be used for abscondence or contact with any other person; |
| 3. | Liquor, tobacco, firearms, cash, check and other goods, which are likely to damage security or order of the institution; |
| 4. | Pornographic materials, goods used for speculation and other goods, which are likely to damage sentenced inmates' rehabilitation or successful return to society. |
| (2) | Notwithstanding paragraph (1), goods referred to in paragraph (1) 2 may be possessed where the warden grants permission for the treatment of inmates. <Newly Inserted by Act No. 16345, Apr. 23, 2019> |
| Article 93 (Inspection of Body and Others) |
| (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 facility. |
| (2) | In cases of conducting medical examinations of inmates, 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 inmate's body closely, it shall be done in an isolated place without other inmates. |
| (3) | Any correctional officer may inspect clothes and personal belongings of those who enter and leave a correctional facility, in addition to inmates, if it is necessary to maintain security and order of the correctional facility. In such cases, if any persons who enter and leave the correctional facility possess any prohibited goods under Article 92, they shall be instructed to leave them to the correctional facility and they may not enter if they do not comply with such instruction. |
| (4) | The bodies, clothes and personal belongings of female inmates 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 inmates and then destroy them, except for the goods to be dealt with according to the procedure prescribed by criminal statutes and regulations: Provided, That the relevant warden may keep in custody any goods which are unsuitable to destroy in the correctional facility or have inmates send them to the person designated by themselves. |
| Article 94 (Safe Guard Using Electronic Devices) |
| (1) | Any warden may keep safe guard of inmates or a correctional facility 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 inmates 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 inmates in a ward only when suicide, etc. is likely to occur. |
| (2) | In cases of keeping safe guard of inmates in a ward with electronic imaging devices under the proviso to paragraph (1), the staff who keeps safe guard of inmates, time of safe guard and inmates subject to safe guard shall be recorded. In such cases, if a inmate is female, a female correctional officer shall keep safe guard of such female inmate. |
| (3) | In cases of keeping safe guard under paragraphs (1) and (2), the attention shall be made so that human rights of inmates 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 an inmate 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 an inmate in a protective cell shall not exceed 15 days: Provided, That if continuing confinement is especially necessary, the relevant warden may extend such period to the extent of seven days per occasion in consideration of the opinion of a medical officer. <Amended by Act No. 16345, Apr. 23, 2019> |
| (3) | The period of confinement of an inmate in a protective cell under paragraph (2) shall not exceed three consecutive months. <Amended by Act No. 16345, Apr. 23, 2019> |
| (4) | In cases of confining an inmate in a protective cell or of extending the period of confinement, the relevant warden shall notify the inmate of the relevant reason. |
| (5) | A medical officer shall check frequently the health status of an inmate confined in a protective cell. |
| (6) | Upon termination of reason for confining an inmate in a protective cell, the relevant warden shall stop such confinement without delay. |
| Article 96 (Confinement in Suppression Cells) |
| (1) | Where an inmate 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 inmate 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 an inmate destroys the facilities, devices, etc. of a correctional facility or intends to do so; |
| 2. | Where an inmate continuously engages in a disturbing act despite the restraints of correctional officers and obstructs calm living under confinement of other inmates. |
| (2) | The period of confinement of inmates 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 not exceeding 12 hours per one time in consideration of the opinion of a medical officer. <Amended by Act No. 16345, Apr. 23, 2019> |
| (3) | The period to confine an inmate in a suppression cell pursuant to paragraph (2) may not exceed 3 consecutive days. <Amended by Act No. 16345, Apr. 23, 2019> |
| (4) | Article 95 (4) through (6) shall apply mutatis mutandis to inmates confined in a suppression cell. |
| Article 97 (Use of Protective Equipment) |
| (1) | Where an inmate falls under any of the following cases, any correctional officer may use protective equipment: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where an inmate is transferred, appears in court and is escorted to the place outside of a correctional facility; |
| 2. | Where an inmate is highly likely to abscond, commit suicide, injure himself/herself or injure other persons; |
| 3. | Where an inmate obstructs the rational performance of duties by any correctional officer by force; |
| 4. | Where an inmate is highly likely to destroy the facilities, devices, etc. or to damage the security or order of the correctional facility. |
| (2) | In cases of using protective equipment, the age, health status, attitude of living of inmates under confinement, etc. shall be considered. |
| (3) | If a correctional officer uses protective equipment against any inmate within a correctional facility, the relevant medical officer shall frequently check the health status of the relevant inmate. |
| 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 an inmate falls under any of Article 97 (1) 1 through 4; |
| 2. | Head protective equipment: Where an inmate is highly likely to injure his/her head; |
| 3. | Ankle protective equipment, braces and protective chairs: Where an inmate falls under any of Article 97 (1) 2 through 4; |
| 4. | Protective beds and protective clothes: Where an inmate 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 an inmate falls under any of the following cases: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where an inmate absconds or intends to abscond; |
| 2. | Where an inmate intends to commit suicide; |
| 3. | Where an inmate injures himself/herself or intends to do so; |
| 4. | Where an inmate inflicts any harm on others or intends to do so; |
| 5. | Where an inmate obstructs the rational performance of duties by any correctional officer by force; |
| 6. | Where an inmate destroys the facilities, devices, etc. of the correctional facility or intends to do so; |
| 7. | Where an inmate does serious harm to the security or order of the correctional facility or intends to do so. |
| (2) | Any correctional officer may exercise coercive power where a person other than an inmate falls under any of the following cases: <Amended by Act No. 14170, May 29, 2016> |
| 1. | Where the relevant person intends to help an inmate abscond; |
| 2. | Where the relevant person inflicts any harm on a correctional officer or an inmate 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 facility or intends to do so; |
| 5. | Where the relevant person intrudes any correctional facility 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 facility (where a correctional officer keeps safe guard of an inmate in the place outside of a correctional facility, 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 facility, 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 an inmate 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 an inmate inflicts serious harm on others or intends to do so; |
| 2. | Where an inmate 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 an inmate raises a riot or intends to do so and where deemed difficult to prevent its spreading unless it is repressed promptly; |
| 4. | Where an inmate attempting to abscond tries to continue such attempt, disobeying a restraining order by a correctional officer; |
| 5. | Where an inmate 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 inmates, 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 inmates, or prevent a danger to a building, other facilities and arms, within any correctional facility (where a correctional officer keeps safe guard of an inmate in the place outside of a correctional facility, 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 facility, due to the occurrence of natural disaster or other disasters, the relevant warden may have inmates 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 facility, the relevant warden may transfer inmates to another place. |
| (3) | If the transfer referred to in paragraph (2) is impossible, the relevant warden may release inmates temporarily. |
| (4) | Inmates released under paragraph (3) shall be present at the correctional facility or police agency within 24 hours after release. |
| Article 103 (Arrest for Confinement) |
| (1) | Where an inmate absconds or engages in any act falling under any subparagraph of Article 134 (hereinafter referred to as "abscondence, etc."), any correctional officer may arrest him/her only within 72 hours after the abscondence or period of attendance. <Amended by Act No. 16345, Apr. 23, 2019> |
| (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) |
| (1) | With respect to inmates 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 inmates to maintain security and order of a correctional facility, as prescribed by Ordinance of the Ministry of Justice, by preventing them from contacting other inmates, keeping safe guard of them strictly, or taking other measures. |
| (2) | In cases of managing inmates under paragraph (1), each warden shall not limit the basic treatment to them. |
CHAPTER XII DISCIPLINE, REWARDS AND PUNISHMENT
| (1) | Inmates shall comply with the regulations determined by the Minister of Justice to maintain security and order of correctional facilities. |
| (2) | Inmates shall comply with the daily schedule prepared by the respective wardens. |
| (3) | Inmates shall obey the directions of any correctional officer in connection with his/her duties. |
If an inmate 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 an inmate saves any other person's life or has prevented the abscondence of other inmates; |
| 2. | Where an inmate has contributed to any urgent work referred to in Article 102 (1); |
| 3. | Where an inmate is deemed to provide distinguished service to the maintenance of security and order of a correctional facility; |
| 4. | Where deemed necessary to grant the reward to an inmate 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 an inmate when he/she commits any of the following acts, according to the resolution of the disciplinary committee under Article 111: <Amended by Act No. 16345, Apr. 23, 2019> | 2. | Self-injury to achieve his/her request, such as the convenience of the living under confinement; |
| 3. | Refusal or negligence of work, education, rehabilitation programs, 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: <Amended by Act No. 16345, Apr. 23, 2019>
| 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 (limited to the work upon request); |
| 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 visiting 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 an inmate 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 two or more grounds for disciplinary action coexist; |
| 2. | Where an inmate reengages in the act falling under the grounds for disciplinary action while the disciplinary action is being executed or within six 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 inmate, 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 inmates. |
| (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 visits, 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 facility 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 inmates 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 inmates and sentenced inmates' rehabilitation or successful return to society, any warden may permit them to write works, receive correspondence, or be visited. <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 inmates 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 an inmate 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 an inmate 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 an inmate, 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 an inmate 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 of Disciplinary Action) |
| (1) | If an inmate, 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 an inmate has made a significant contribution to preventing accidents in a correctional facility, 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) | Inmates may apply for an interview with the warden concerning treatment. |
| (2) | Where any application for interview from inmates has been made, the relevant warden shall accept the interview unless any of the following grounds exists: |
| 1. | Where an inmate does not disclose a reason for interview without justifiable grounds; |
| 2. | Where the purpose of interview is to request matters which evidently violate statutes or regulations; |
| 3. | Where an inmate 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 inmate of the result of such treatment. |
| (1) | Any inmate 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 inmate 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 facility 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) | An inmate 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 an inmate 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 an inmate 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 inmate 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 an inmate 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 inmate 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 sentenced inmate 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 sentenced inmate'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 inmates 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 facility 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 inmate is deceased, the relevant warden shall notify thereof to his/her family immediately (where the inmate has no family, any other relative).
| Article 128 (Delivery of Corpses) |
| (1) | Where a relative of or person in a special relationship, with a deceased inmate 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 an inmate 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 an inmate'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 an inmate 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 regional correction headquarters correctional facility to respond to the warden's inquiries on administrative affairs such as the management, correction and rehabilitation of inmates. <Amended by Act No. 16345, Apr. 23, 2019> |
| (2) | The Advisory Committee shall be comprised of between 10 and 15 members in consideration of their genders; and the chairperson shall be elected by and from among the members and the members shall be commissioned by the Minister of Justice, upon the recommendation of the commissioner of the relevant regional correction headquarters warden, from among the outside persons who have much knowledge and experience in correction. <Amended by Act No. 16345, Apr. 23, 2019> |
| (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 facility in order to support education, rehabilitation, medical treatment and other treatment of inmates. |
| (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 facility for inmates' rehabilitation, etc.
PART V PENALTY PROVISIONS
| Article 132 (Possession of Prohibited Goods) |
| (1) | Any inmate who possesses any unmanned aerial vehicle or electronic or communication equipment without permission of the warden, in violation of Article 92 (2), shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
| (2) | Any inmate who possesses any liquor, tobacco, firearms, cash, or check, in violation of Article 92 (1) 3 of the Act, shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
[This Article Wholly Amended by Act No. 16345, Apr. 23, 2019]
| Article 133 (Carrying-In of Prohibited Goods) |
| (1) | Any person who carries in any unmanned aerial vehicle or electronic or communication equipment without permission of the warden, shall be punished by imprisonment with labor for not more than three years or by a fine not exceeding 30 million won. |
| (2) | Any person who carries in any liquor, tobacco, cash, pornographic materials, or goods used for speculation to deliver them to an inmate shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won. |
| (3) | Any person who habitually commits a crime referred to in paragraph (2) shall be punished by imprisonment with labor for not more than two years or by a fine not exceeding 20 million won. |
[This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 134 (Violation of Obligation for Appearance) |
Any inmate who engages in any of the following acts shall be punished by imprisonment with labor for not more than one year:
| 1. | Failure to appear at a correctional facility 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 facility within the designate period without justifiable grounds, after going outside the correctional facility without any correctional officer's safe guard, with permission of the relevant warden for leave, commuting to outside or other reasons. |
| Article 135 (Prohibition of Video Recording) |
A person who video records, or takes photos of, the inner part of a correctional facility without permission from the competent warden shall be punished by imprisonment with labor for not more than one year or by a fine not exceeding 10 million won.
[This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 136 (Person Who Attempts Crime) |
Any person who attempts to commit an crime referred to in Article 133 or 135 shall be punished. [This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
| Article 137 (Confiscation) |
Prohibited goods referred to in Article 132 or 133 shall be confiscated. [This Article Newly Inserted by Act No. 16345, Apr. 23, 2019]
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 inmates or fugitive inmates 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 inmates 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 inmates 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.
ADDENDA <Act No. 16345, Apr. 23, 2019>
Article 1 (Enforcement Date)
This Act shall enter into force six months after the date of its promulgation: Provided, That the amended provisions of Articles 52 (1), 64 (2) and (3), 95 (2) and (3), and 96 (2) and (3), and subparagraph 8 of Article 108 shall enter into force on the date of its promulgation. Article 2 (Transitional Measures concerning Master Plan)
The Minister of Justice shall establish a master plan pursuant to the amended provisions of Article 5-2 within one year after this Act enters into force.