CRIMINAL ADMINISTRATION ACT
Wholly Amended by Act No. 858, Dec. 23, 1961
Amended by Act No. 1222, Dec. 24, 1962
Act No. 2437, Jan. 15, 1973
Act No. 3289, Dec. 22, 1980
Act No. 4936, Jan. 5, 1995
Act No. 5175, Dec. 12, 1996
Act No. 6038, Dec. 28, 1999
CHAPTER 1 GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Act is to help convicted prisoners to be rehabilitated by having them isolated, reformed and edified and by also assisting them in improving themselves toward a sound view of the nation and society and an unyielding will to be hard-working along with opportunities for technical education, and simultaneously to provide for matters concerning the confinement of the unconvicted prisoners.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 1-2 (Definitions)
The definitions of terms used in this Act shall be as follows:
1.The term “convicted prisoners” means persons who were sentenced to imprisonment with prison labor, imprisonment without prison labor, or penal detention, the respective sentence of which has been irrevocably finalized and persons on whom the court passed a sentence of detention in a workhouse for his default of the payment of fine;
2.The term “unconvicted prisoners” means criminal suspects or defendants upon whom a warrant of detention was served; and
3.The term “prisoners” means both convicted and un-convicted prisoners.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 1-3 (Respect for Fundamental Human Rights, etc.)
The fundamental human rights of convicted prisoners or unconvicted prisoners shall, in the enforcement of this Act, be respected to the utmost, and there shall be prohibited any discrimination against prisoners on account of their nationality, sex, religion or social status.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 2 (Separate Confinement)
(1) Only convicted prisoners in excess of 20 years of age shall be confined in correctional institutions.
(2) Convicted prisoners of less than 20 years of age shall be confined in juvenile reformatories.
(3) Unconvicted prisoners shall be confined in detention houses.
(4) The branches of correctional institutions and detention houses shall confine the prisoners, corresponding to the correction institutions and detention houses. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
(5) Matters concerning the title, location, organization and capacity of correctional institutions, juvenile reformatories, detention houses, and their branches (hereinafter referred to as the “correctional institutions, etc.”) shall be prescribed by the Presidential Decree. <Amended by Act No. 6038, Dec. 28, 1999>
[This Article Wholly Amended by Act No. 4936, Jan. 5, 1995]
Article 3 (Exceptions to Separate Confinement)
(1) For confinement of unconvicted prisoners, a pretrial detention room may be provided in a correctional institution or juvenile reformatory.
(2) Convicted prisoners required for cooking or other works may be con- fined in a detention house.
(3) The head of correctional institutions, etc. (hereinafter referred to as a “warden”) may keep on confining a convicted prisoner who is to be transferred to another correctional institution or juvenile reformatory pursuant to the provisions of Article 2, within the period of up to 6 months. <Amended by Act No. 6038, Dec. 28, 1999>
(4) In the case of paragraph (3), convicted and unconvicted prisoners, and adults and juveniles shall be separately confined.
[This Article Wholly Amended by Act No. 4936, Jan. 5, 1995]
Article 4 (Separation by Sex)
Men and women shall be confined separately.
Article 4-2 (Entrusting Establishment and Operation of Correctional Institutions, etc. to Private Sector)
(1) The Minister of Justice may entrust a part of his duties concerning the establishment and operation of correctional institutions, etc. to either a juridical person or an individual.
(2) In an act of entrusting as prescribed in paragraph (1), a separate Act shall define the qualifications for those who may be entrusted, the criteria for the facilities of correctional institutions, etc., criteria for selection of persons subject to confinement, standards for treatment of prisoners, procedures for entrusting, supervision by the State, and other necessary matters.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 5 (Circuit Inspection, etc. on Correctional Institutions, etc.)
(1) The Minister of Justice may conduct a circuit inspection on the correctional institutions, etc., or have a public official under his control con- duct the said inspection. <Amended by Act No. 4936. Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) A judge or a public prosecutor may, at any time, inspect the correctional institutions, etc. <Amended by Act No. 6038, Dec. 28, 1999>
(3) Any person other than those as provided in paragraph (2) shall, in case where he intends to visit correctional institutions, etc. for academic research or other justifiable grounds, obtain permission from the relevant warden, with specifying the relevant reasons. <Amended by Act No. 6038, Dec. 28, 1999>
(4) Deleted. <by Act No. 4936, Jan. 5, 1995>
Article 6 (Petition)
(1) Prisoners may, if dissatisfied with the relevant treatments, make a petition to the Minister of Justice or a public official on a circuit inspection. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) Any prisoner who desires to make a petition with the Minister of Justice shall prepare a written petition, seal it and submit to the relevant warden. <Amended by Act No. 6038, Dec. 28, 1999>
(3) The warden shall not open the written petition, and shall forward it without delay to the Minister of Justice. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
(4) A petition to a public official on circuit inspection may be made in writing or orally. The public official on circuit inspection shall, in case where he hears an oral petition, not have any prison officers participate in the hearing. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
(5) The warden shall not obstruct the prisoners in their filing a petition,
nor give them a disadvantageous treatment on account of having filed a petition. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
(6) A decision on the petition shall be made in the form of a document, and the relevant warden shall serve, without delay, the written decision on the petitioner. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
Article 7 (Rules for Performance of Duties)
Matters required for the performance of duties of the prison officer shall be determined by the Minister of Justice.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
CHAPTER 2 CONFINEMENT
Article 8 (Confinement of Newcomers)
(1) A person newly entering correctional institutions, etc. (hereinafter referred to as a “newcomer”) shall be confined after a written direction for sentence execution, a written judgment, and other lawful documents are examined. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) The warden shall have a medical examination conducted, without de- lay, on a newcomer. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
(3) In case where a female newcomer applies for the rearing of her new- born infant within the precinct of correctional institutions, etc., the relevant warden may, limited to the case where there exist considerable grounds, grant permission for it up to 18 months after the birth. <Amended by Act No. 6038, Dec. 28, 1999>
(4) The provisions of paragraph (3) shall apply mutatis mutandis to an infant born to a female inmate under confinement. <Amended by Act No. 6038, Dec. 28, 1999>
Article 8-2 (Matters of Notification)
The warden shall notify a newcomer of the following matters:
1.Date from which the prison term is reckoned, and the date on which it expires;
2.Matters concerning interviews and correspondences;
3.Matters concerning discipline, punishment and petitions; and
4.Other basic matters required for the living under confinement.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 9 (Refusal of Confinement of Persons with Contagious Diseases)
The warden may refuse the confinement of a person with a disease which is likely to be contagious to other persons. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 10 (Photographing, etc.)
(1) Upon arrival of a newcomer, the warden shall have his photo and fingerprints taken, designate his prisoner number and take other measures as prescribed by Presidential Decree, within such limits as are necessary for distinguishing him from other prisoner.
(2) The warden may take the measures as referred to in paragraph (1) with regard to the prisoner under confinement, in case where deemed necessary for the purpose of confinement.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 11 (Solitary Confinement)
(1) A prisoner shall be placed in solitary confinement: Provided, That if necessary, he may be placed in mixed confinement. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) In the case of mixed confinement, the prison term, nature of the crime, number of crimes committed, age and career, etc. shall be taken into account for a divided confinement. <Amended by Act No. 4936, Jan. 5, 1995>
(3) The provisions of paragraph (2) shall be applicable mutatis mutandis to work assignments in a workhouse.
Article 12 (Transfer of Prisoners)
The relevant warden may, in case where deemed necessary for confinement, work, edification and other treatments of prisoners, transfer a prisoner to another correctional institutions, etc. by obtaining approval of the Minister of Justice. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 13 (Confinement of Prisoners Sentenced to Death)
A person who is sentenced to death shall be confined to a detention house or a pretrial detention room.
CHAPTER 3 SAFE CUSTODY
Article 14 (Restraining Tools)
(1) The prison officers may, in case where necessary to prevent flight, violence, disturbance or suicide of prisoners and to maintain the security and order of correctional institutions, etc., use restraining tools. <Amended by Act No. 6038, Dec. 28, 1999>
(2) The kinds of restraining tools shall be as follows: <Amended by Act No. 4936, Jan. 5, 1995>
1.Popes;
2.Handcuffs;
3.Chains; and
4.Facial protective devices.
(3) Restraining tools shall not be used as a means of punitive measures. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
(4) Matters concerning the requirements and procedures for the use of restraining tools shall be prescribed by the Presidential Decree, while matters concerning the shapes, standards, and methods of use, etc. of the restraining tools shall be determined by the Minister of Justice. <Amended by Act No. 6038, Dec. 28, 1999>
Article 14-2 (Use of Coercive Force)
(1) The prison officer may use a coercive force in case where a prisoner comes to fall under any of the following subparagraphs. In this case, the exercise of coercive force shall be limited to the extent of minimum necessity:
1.Where a prisoner tries to commit suicide or to injure himself;
2.Where a prisoner inflicts any harms on others or tries to do so;
3.Where a prisoner flees or tries to flee; and
4.Where a prisoner seriously do harms or tries to do so to the safety of prison officers and prisoners and to the confinement order.
(2) In the exercise of coercive force as prescribed in paragraph (1), the physical force or the safety devices such as billy clubs, gas sprayers, tear gas bombs, etc. shall be used.
(3) In the exercise of coercive force as prescribed in paragraph (1), the prisoner shall be warned thereof in advance: Provided, That this shall not be applicable to the case where there exists no sufficient time to make such warning due to a state of emergency.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 15 (Use of Arms)
(1) The prison officer may use arms when a prisoner comes to fall under any of the following subparagraphs: <Amended by Act No. 6038, Dec. 28, 1999>
1.Where deemed that a dangerous situation is created as a prisoner inflicts serious harm on others or tries to do so;
2.Where a prisoner possesses a dangerous object to be used for violence or menace, and fails to comply with an order of a prison officer to abandon it;
3.Where a prisoner raises a riot or tries to do so;
4.Where a prisoner attempting to flee tries to continues such attempt, disobeying a restraint by the prison officer; and
5.Where deemed urgent in order to prevent a serious danger to a human’s life and body, buildings, other facilities, and machinery and tools, other than the cases falling under any of subparagraphs 1 through 4.
(2) A prison officer may use arms against a person other than the prisoners, in case where there exist considerable grounds which are deemed urgent to protect his own or other’s life and body, restrain a seizure against prisoners, or prevent a danger to a building, other facilities and arms, with- in correctional institutions, etc. (including the case where any work or an escort is in progress outside of correctional institutions, etc.). <Newly Inserted by Act No. 3289, Dec. 22, 1980; Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(3) The provisions of the latter part of Article 14-2 (1) and paragraph (3) of the same Article shall apply mutatis mutandis to the case of using arms by the prison officer under paragraphs (1) and (2). <Newly Inserted by the Act No. 6038, Dec. 28, 1999>
Article 16 (Emergency Evacuation, etc. of Prisoners)
(1) The warden may transfer the prisoners to another place, in case where deemed that there exists no way of taking refuge within correctional institutions, etc. due to a natural disaster or other incidents. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) The prisoners may be temporarily released, if it is impossible to transfer them to another place. <Amended by Act No. 6038, Dec. 28, 1999>
(3) A person who is released as provided in paragraph (2) shall present himself at correctional institutions, etc. or a nearby police station, within 24 hours after such release. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(4) A person who has violated the provisions of paragraph (3) without any justifiable reasons shall be punished under Article 145 of the Criminal Act. <Amended by Act No. 6038, Dec. 28, 1999>
Article 17 (Arrest of Fugitives)
If a prisoner runs away, a prison officer may arrest him only within 72 hours. <Amended by Act No. 4936, Jan. 5, 1995>
Article 17-2 (Physical Examination, etc.)
(1) The prison officer may examine the body, clothes, personal effects, wards and place of work of prisoners, in case where necessary for the maintenance of security and order of correctional institutions, etc.
(2) With regard to other persons than prisoners, who frequent the correctional institutions, etc., the prison officer may examine their clothes and personal effects, in case where necessary for the maintenance of security and order of correctional institutions, etc. In this case, when such persons are found possessing the goods unallowable to carry into correctional institutions, etc., the prison officer may have them enter with such goods deposited with correctional institutions, etc., or in case of their incompliance with his measures, order them out.
(3) In the case of a search of a female prisoner and a scrutiny into her clothes and personal effects, a female prison officer shall undertake this duty.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
CHAPTER 4 INTERVIEWS AND CORRESPONDENCES
Article 18 (Interviews)
(1) A prisoner may have an interview with another person, with permission of the warden.
(2) The warden shall grant permission as prescribed in paragraph (1), unless there exist any specially improper reasons for the edification or treatment of prisoners.
(3) The warden may have a prison officer participate in a prisoner’s interview: Provided, That an interview with a defense counsel as provided in Article 66 (1) shall be excepted.
(4) Matters concerning the frequency, time and place of interview, the presence of a prison officer therein and other matters relating thereto shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 18-2 (Correspondences)
(1) A prisoner may correspond with another person with permission of the warden.
(2) The warden shall grant permission as prescribed in paragraph (1), unless there exist any specially improper reasons for the edification or treatment of prisoners.
(3) The warden may examine the correspondence of a prisoner: Provided, That a correspondence with his defense counsel as referred to in the text of other portions than each subparagraph of Article 66 (2) shall be excluded.
(4) A correspondence shall be promptly examined, mailed and delivered.
(5) A correspondence whose delivery is disapproved by the warden shall be destroyed: Provided, That, in case where deemed improper to destroy it, it may be delivered to the principal when he is released.
(6) Matters required for the examination of and restriction on the correspondence shall be determined by the Presidential Decree.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 18-3 (Communication on Telephone)
(1) The warden may, if deemed necessary within the limit of not impeding the achievement of confinement purposes, permit a prisoner to have a telephone communication with outsiders.
(2) The permission under paragraph (1) may be granted under the conditions of hearing the contents of telephone communications.
(3) Matters necessary for the telephone communication of an inmate, such as the scope of permission for telephone communication, the hearing of the contents thereof and the payment of telephone bill, etc. shall be determined by the Minister of Justice.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 19 (Provisional Holding of Correspondence, etc.)
A correspondence or any other documents delivered to a prisoner shall be kept in custody after his perusal thereof: Provided, That the principal may be allowed to keep it with him for a considerable period in case where deemed necessary for his edification. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
CHAPTER 5 SUPPLIES
Article 20 (Supplies)
(1) A prisoner shall be provided with specified clothes, bedclothes and other daily necessities.
(2) Matters concerning the supply of clothes, bed clothes and other daily necessities shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 21 (Supply of Food)
(1) A prisoner shall be supplied with required food in consideration of his physical constitution, health, age and assigned works, etc. <Amended by Act No. 4936, Jan. 5, 1995>
(2) The criteria for supplying food shall be determined by the Ordinance of the Ministry of Justice.
Article 22 (Self-Payment for Clothes, etc.)
(1) The warden may, if deemed necessary, allow a prisoner to bear expenses for the acquisition of clothes, bedclothes, other commodities and food for his own use.
(2) In case an unconvicted prisoner requests permission to bear expenses for his own clothes and shoes to be worn when he attends an investigation, court trial, a State inspection or investigation as provided by the Acts, the relevant warden shall grant permission under paragraph (1) unless there exist any reasons deemed as specially improper.
(3) Matters concerning the acquisition of a prisoner’s clothes, bedclothes, other commodities and food at his own expenses shall be determined by the Presidential Decree.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
CHAPTER 6 SANITATION AND MEDICAL CARE
Article 23 (Haircut and Shaving)
The hair and beard of a convicted prisoner shall be cut short: Provided, That a female convicted prisoner, a person who is sentenced to imprisonment up to three months, and a person whose remaining prison term is less than two months shall be excluded. <Amended by Act No. 4936, Jan. 5, 1995>
Article 24 (Physical Exercise and Bathing)
The warden shall, under the conditions as prescribed by the Presidential Decree, have the prisoners take physical exercise and bathing necessary for maintaining the health.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 25 (Prevention of Contagious Diseases)
The warden shall take measures to prevent contagious diseases from spreading among the prisoners. <Amended by Act No. 4936, Jan. 5, 1995>
Article 26 (Confinement to Infirmary)
The warden shall commit a prisoner infected with a disease to an infirmary and provide him with adequate treatment. <Amended by Act No. 4936, Jan. 5, 1995>
Article 27 (Isolation)
The warden shall isolate a prisoner suffering from an infectious disease from other prisoners. <Amended by Act No. 4936, Jan. 5, 1995>
Article 28 (Treatment at his Own Expenses)
If a prisoner wishes to receive treatment at his own expense, the warden may permit it depending on the necessity thereof. <Amended by Act No. 4936, Jan. 5, 1995>
Article 29 (Transfer to External Hospital)
(1) The warden may transfer the relevant prisoner to an external hospital outside correctional institutions, etc. (including the care and custody institution licensed to open an infirmary, in case of treating a mental disease) if deemed required to provide him with the proper medical treatments. <Amended by Act No. 6038, Dec. 28, 1999>
(2) A prisoner who is transferred under paragraph (1) shall be treated in accordance with the rules governing prisoners under confinement. <Amended by Act No. 6038, Dec. 28, 1999>
Article 29-2 (Medical Measures)
When it is likely that a prisoner may endanger his own life as he refuses to receive medical treatments or to take food, the warden may have medical officer of correctional institutions, etc. take measures such as proper medical care or a supply of nutritions.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 30 (Pregnant Women and Nursing Mothers, etc.)
Pregnant women and nursing mothers as well as decrepit persons shall be treated in accordance with the rules governing prisoners suffering from a disease.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
CHAPTER 7 EDUCATION AND EXHORTATION
Article 31 (Exhortation)
(1) Deleted. <by Act No. 3289, Dec. 22, 1980>
(2) The relevant warden may entrust a religious sect with exhorting a convicted prisoner, if the prisoner petitions a special exhortation under the doctrine of the religious sect to which he adheres.
Article 32 (Education)
(1) An uneducated person or convicted juvenile shall, in consideration of age, knowledge level and other circumstances, be provided with proper education corresponding to them: Provided, That a person of psychosomatic debility or a decrepit person shall be excluded. <Amended by Act No. 6038, Dec. 28, 1999>
(2) The warden may educate and train a convicted prisoner to promote a cultivation of sound character, a training of body and mind, and an acquirement of skills. <Amended by Act No. 3289, Dec. 22, 1980; Act No. 6038, Dec. 28, 1999>
(3) The warden may, if deemed necessary for the promotion of education under paragraph (1) or (2), allow a convicted prisoner to commute to the external educational institutions or enterprises. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
Article 33 (Reading of Newspapers and Books)
(1) A prisoner may, at his own expenses, request permission to purchase and to read newspapers or books.
(2) The relevant warden shall grant the permission for purchase and reading, unless there exist any grounds such as that the contents of newspapers or books requested by a prisoner under paragraph (1) are deemed as harmful to the security and order of correctional institutions, etc., or as specially improper for his edification.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 33-2 (Listening to Radio and Watching Television)
The warden may permit a prisoner to listen to a radio and watch television under the conditions as prescribed by the Presidential Decree. <Amended by Act No. 6038, Dec. 28, 1999>
[This Article Newly Inserted by Act No. 4936, Jan. 5, 1995]
Article 33-3 (Writing)
(1) A prisoner may either prepare documents or drawings or write a literature, science and other matters under permission of the warden: Pro- -vided, That this shall not apply if the content thereof comes to fall under any of the following subparagraphs:
1.Where it is likely to endanger the security and order of correctional institutions, etc.; and
2.Where it is improper for the edification of prisoners.
(2) Matters necessary for the management of writing utensils, time and place for writing, deposit of written documents, etc. and submitting them to outsiders shall be prescribed by the Presidential Degree.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
Article 34 (Educational Rules, etc.)
Matters necessary for the courses and schedules of education, reading of newspapers and books, etc. shall be determined by the Minister of Justice.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
CHAPTER 8 WORKS
Article 35 (Works)
(1) Works shall be imposed in consideration of the convicted prisoner’s age, prison term, health, skill, character, hobbies, occupation, future livelihood and other circumstances.
(2) A convicted prisoner may, in case where deemed necessary to promote a re-turn to society and acquirement of skills, be allowed to commute to and work at an outside enterprise, etc. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
(3) Matters necessary for commuting to work as provided in paragraph (2) shall be determined by the Minister of Justice. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
Article 36 (Works on Holidays)
(1) No work shall be imposed on the national holidays, Sundays and other legal holidays: Provided, That the cooking, cleaning, nursing, accounting and other specially required works shall be excepted. <Amended by Act No. 6038, Dec. 28, 1999>
(2) Matters necessary for working hours and temporary works shall be determined by the Minister of Justice.
Article 37 (Exemption from Works)
A person from among the convicted prisoners, who is in receipt of a notice of the death of his parents, spouse, children or siblings, shall be ex- empted from works for two days; and for a day in case of an anniversary of the death of his parents or spouse: Provided, That in case the relevant convict prefers to continue working, this shall not apply.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 38 (Works upon Request)
Works may be imposed upon request by a person sentenced to imprisonment without prison labor or penal detention.
Article 39 (Proceeds from Works)
(1) Proceeds from works shall go into the National Treasury.
(2) A convicted prisoner may be paid a work bonus as determined by the Minister of Justice, in consideration of the kinds and results of his works, his records of criminal administration and other circumstances. <Amended by Act No. 6038, Dec. 28, 1999>
(3) The work bonus under paragraph (2) shall be paid to the principal upon his release: Provided, That the whole or part of such bonus may, in case where deemed necessary for the assistance to the livelihood of his family or his edification, be paid even before his release. <Amended by Act No. 6038, Dec. 28, 1999>
Article 40 (Consolation or Condolence Money)
(1) A convicted prisoner may, in case where he is injured, disabled or killed by accident while at work, be given a consolation or condolence money, under the conditions as determined by the Minister of Justice in consideration of the circumstances. <Amended by Act No. 6038, Dec. 28, 1999>
(2) Consolation money shall be paid to the principal upon his release and the condolence money to his heir, respectively.
CHAPTER 9 PROVISIONAL HOLDING
Article 41 (Provisional Holding of Money and Valuables on Hand)
(1) Money and other valuables carried with a prisoner himself shall be provisionally held at the correctional institutions, etc.: Provided, That goods unworthy of provisional holding shall be excepted. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
(2) Money and other valuables as provided in paragraph (1) may be renounced, if not disposed of by the principal within a considerable period.
Article 42 (Delivery of Money and Valuables to Prisoners)
(1) The relevant warden shall, if there is any person requesting to de- liver money and other valuables to a prisoner, permit it unless there exist any grounds to deem that such delivery is specially improper. <Amended by Act No. 4936, Jan. 5, 1995>
(2) The warden shall return money and other valuables forwarded to a prisoner to the sender, if the principal refuses to receive them or it is deemed specially improper to deliver them to the principal. <Amended by Act No. 4936, Jan. 5, 1995>
(3) The warden shall, in the case of paragraph (2), notify its purport publicly if the sender or his address is unknown; and the relevant money and other valuables shall revert to the National Treasury, if no one re- quests the delivery thereof at the elapse of six months from the public notice: Provided, That the goods, if deemed worthless, may be renounced. <Amended by Act No. 6038, Dec. 28, 1999>
Article 43 (Return of Money and Valuables Provisionally Held)
(1) Money and other valuables provisionally held shall be returned to the principal upon his release.
(2) A dead prisoner’s money and other valuables kept in custody shall be delivered to an heir upon request: Provided, That if a year elapses with- out such a request, they shall revert to the National Treasury. <Amended by Act No. 6038, Dec. 28, 1999>
(3) A fugitive’s money and other valuables kept in custody shall be delivered to his spouse, his lineal ascendants or descendants upon request: Provided, That if a year elapses without such a request after his escape, they shall revert to the National Treasury. <Amended by Act No. 6038, Dec. 28, 1999>
CHAPTER 10 CLASSIFICATION AND TREATMENT
Article 44 (Classification, Treatment and Leave)
(1) The warden shall respectively examine and classify the convicted prisoners, and treat them correspondingly.
(2) A convicted prisoner who has exhibited an excellent record of criminal administration and is very likely to adapt to social life may be confined in open facilities (referring to the whole or part of the facilities of a correctional institution or juvenile reformatory where normal confinement devices are not fully equipped or a part of ordinary measures are not taken, to pre- vent escape), and receive adequate treatments as deemed necessary for social life. <Newly Inserted by Act No. 4936, Jan. 5, 1995>
(3) With respect to a convicted prisoner who has spent a year or more under confinement, if he has served one-third of his prison term (7 years, in the case of imprisonment for life) and has earned the excellent record of criminal administration, he may be granted a leave of not more than 10 days per year. In this case, the period of leave shall be counted in the term of imprisonment that he has served. <Amended by Act No. 6038, Dec. 28, 1999>
(4) A convicted inmate having causes falling under any of the following subparagraphs may be granted a special leave of not more than 5 days per year, notwithstanding the requisites for permission and period of leave under paragraph (3): <Newly Inserted by Act No. 6038, Dec. 28, 1999>
1.Where his lineal ascendants, descendants, spouse, or the lineal ascendants of his spouse have died; and
2.Where his lineal descendants are married.
(5) Matters necessary for the classification, treatment and leave shall be determined by the Minister of Justice.
[This Article Wholly Amended by Act No. 3289, Dec. 22, 1980]
Article 45 (Discipline, etc.)
(1) Prisoners shall abide by the rules and regulations as established by the Minister of Justice for the purpose of maintaining the security and order of correctional institutions, etc.
(2) Prisoners shall observe the daily schedule as prepared by the warden.
(3) Prisoners shall comply with official directions of the prison officer in connection with his duties.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 46 (Punishments)
(1) A disciplinary measure may be taken against a prisoner when he commits an act falling under any of the following subparagraphs: <Amended by Act No. 6038, Dec. 28, 1999>
1.An act in conflict with penal provisions of the Criminal Acts, the Punishment of Violences, etc. Act, etc.;
2.An act of self-injury;
3.An act of refusing or neglecting the work or education, etc. without justifiable reasons;
4.An act of making, carrying, using, giving and taking or hiding the disallowed goods such as deadly weapons, liquor, etc.; and
5.Any other acts in contravention of the rules and regulations as determined by the Minister of Justice.
(2) The classification of disciplinary punishments shall be as follows: <Amended by Act No. 3289, Dec. 22, 1980; Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
1.Warning;
2.Restrictions on the reading of newspapers and books for not more than one month;
3.Suspension of works by request for not more than two months;
4.Reduction of the whole or part of the work bonus;
5.Forfeiting all rights for up to two months; and
6.through 9.Deleted. <by Act No. 4936, Jan. 5, 1995>
(3) A disciplinary measure shall not be taken again for the same act, and be limited to the extent of the minimum needed for the achievement of confinement purposes in consideration of the motives and relative importance of the act and changes in the situation after the act and other matters concerned. <Newly Inserted by Act No. 6038, Dec. 28, 1999>
(4) The criteria for imposing disciplinary punishments shall be determined by the Minister of Justice. <Amended by Act No. 6038, Dec. 28, 1999>
Article 47 (Disciplinary Committee)
(1) A disciplinary punishment shall be decided by the disciplinary committee.
(2) The disciplinary committee shall be composed of committee members of not less than three but not more than five. The relevant warden shall chair the committee and appoint or commission the members from among the deputy wardens and division chiefs of the relevant correctional institutions, etc. (in the case of a branch penitentiary, a prison officer of Grade Ⅶ or higher in rank) and outsiders of learning and experience in the correctional affairs. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 48 (Suspension of and Exemption from Executing Disciplinary Measures)
(1) When a prisoner subject to a disciplinary punishment suffers from a disease or has some other reasons, the warden may temporarily suspend its application.
(2) When a prisoner subject to a disciplinary measure obviously repents, the warden may reduce or exempt from the disciplinary measure. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 48-2 (Respite of Executing Disciplinary Measures)
(1) The disciplinary committee may, in a decision of a disciplinary mea- sure, grant a respite of the execution thereof for a period between 2 and 6 months to the prisoner for whom there exist such grounds as extenuating circumstances such as motives and conditions of the act in question, records of criminal administration, signs of repentance, etc.
(2) When a prisoner violates the rules and regulation during a respite of the execution of a disciplinary measure, the warden shall immediately execute the respited disciplinary measure.
(3) When a prisoner has completed the respite period without any violation of the rules and regulations after he was granted a respite of the execution of the disciplinary measure, the execution of the relevant disciplinary measure shall be deemed as having been completed.
[This Article Newly Inserted by Act No. 6038, Dec. 28, 1999]
CHAPTER 11 PAROLE
Article 49 (Parole Review Board)
The parole review board (hereinafter referred to as the “review board”) shall be set up under the control of the Minister of Justice for reviewing eligibility for a parole as provided in Article 72 of the Criminal Act.
[This Article Wholly Amended by Act No. 5175, Dec. 12, 1996]
Article 50 (Composition of Parole Review Board)
(1) The review board shall be composed of the board members of not less than 5 but not more than 9, including the chairman.
(2) The Vice Minister of Justice shall chair the review board, and the Minister of Justice shall appoint or commission the board members from among judges, public prosecutors, lawyers, public officials belonging to the Ministry of Justice and the persons of learning and experience in correction affairs.
(3) Matters necessary for the review board shall be determined by the Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Act No. 5175, Dec. 12, 1996]
Article 51 (Review of Paroles)
(1) In case where a convicted prisoner, who has served a term of imprisonment under Article 72 (1) of the Criminal Act, keeps up an excellent record of criminal administration is deemed not likely to commit a second offense, the warden shall, under the conditions as prescribed by the ordinance of the Ministry of Justice, propose that the review board make an examination of his parole. <Amended by Act No. 6038, Dec. 28, 1999>
(2) The review board shall, when reviewing eligibility for parole, take into account all circumstances such as the convicted prisoner’s age, charge, motive for crime, term of sentence, records of criminal administration, means of livelihood and living environment after parole, and the likelihood of committing a crime again, etc. <Amended by Act No. 6038, Dec. 28, 1999>
(3) The review board shall, after voting for eligibility for parole, apply for permission for parole to the Minister of Justice within 5 days.
[This Article Wholly Amended by Act No. 5175, Dec. 12, 1996]
Article 52 (Permission for Parole)
The Minister of Justice may grant permission, when he deems that the application for a parole made by the review board under Article 51 is justifiable.
[This Article Wholly Amended by Act No. 5175, Dec. 12, 1996]
CHAPTER 12 RELEASE
Article 53 (Release)
The release of a prisoner by amnesty, expiration of a prison term, or order from an authorized person shall be executed by the warden, after the examination of relevant documents. <Amended by Act No. 4936, Jan. 5, 1995>
Article 54 (Time of Release)
(1) The release by amnesty, parole, exemption form execution of sentence, and reduction of penalty shall be executed within 12 hours after the arrival of documents thereof.
(2) The release by order of an authorized person shall be executed with- in 5 hours after the arrival of documents.
(3) The release by expiration of a prison term shall be executed on the expiry date of prison term.
Article 55 (Accommodation for Released Persons)
A released person may, if having difficulty in returning home due to a disease, be temporarily accommodated, upon request, in the correctional institutions, etc. <Amended by Act No. 6038, Dec. 28, 1999>
Article 56 (Expenses for Returning Home)
A released person may, when having no travel expenses or clothes to re-- turn home, borrow the travel expenses or clothes from the relevant correctional institutions, etc. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
CHAPTER 13 EXECUTION OF DEATH PENALTY AND DEATH THEREOF
Article 57 (Execution)
(1) A death penalty shall be executed at the execution place in a correctional institution and detention house. <Amended by Act No. 4936, Jan. 5, 1995>
(2) A death penalty shall not be executed on national holidays, Sundays or other legal holidays.
Article 58 (Temporary Burial of Dead Bodies)
When a prisoner dies, he shall be temporarily buried, if his relatives or acquaintances fail to immediately take over the dead body, or may be cremated if necessary. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 59 (Delivery of Dead Bodies or Ashes)
A dead body or a person’s ashes shall be delivered to a relative or acquaintance upon request: Provided, That the delivery shall not be re- quested after the dead body is jointly buried. <Amended by Act No. 6038, Dec. 28, 1999>
Article 60 (Burial of Dead Bodies or Ashes together with Others)
A dead body or a person’s ashes may be buried together with others, if no one requests the delivery thereof for up to 2 years after the temporary burial. <Amended by Act No. 6038, Dec. 28, 1999>
Article 61 (Dissection of Dead Bodies)
A prisoner’s dead body may be delivered to a hospital or research institution to be dissected, only if there is a will of the principal or a consent of the heir, where it is necessary for scientific research. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
CHAPTER 14 PRETRIAL DETENTION
Article 62 Deleted. <by Act No. 4936, Jan. 5, 1995>
Article 63 (Visits Prohibited)
Wards occupied either by an unconvicted prisoner or by a prisoner on death row with his penalty fixed shall not be opened to visitors. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 64 (Separate Confinement of Unconvicted Prisoners)
Those unconvicted prisoners who are involved in the same case shall be separately confined, and banned from any mutual contacts. <Amended by Act No. 6038, Dec. 28, 1999>
Article 65 (Haircut of Unconvicted Prisoners)
An unconvicted prisoner shall not be forced to have his hair and beard cut short against his own will, unless it is especially necessary. <Amended by Act No. 4936, Jan. 5, 1995; Act No. 6038, Dec. 28, 1999>
Article 66 (Interview with Defense Counsel and Correspondence)
(1) In the case of an interview of an unconvicted prisoner with his defense counsel (including a lawyer who desires to become his counsel; herein- after the same shall apply), the prison officer shall neither take part therein nor hear or record the contents thereof: Provided, That the prison officer may keep his eye on the unconvicted prisoner at a visible distance.
(2) Correspondences between an unconvicted prisoner and his defense counsel shall not be examined: Provided, That this shall not apply in a case falling under any of the following subparagraphs:
1.Where the other party may not be verified as the defense counsel of the prisoner at the correctional institutions, etc.; and
2.Where there exist any reasonable grounds for suspecting that the prohibited goods such as narcotics, etc. might be enclosed with the correspondence or that such contents as a flight, destruction of evidence, breakdown of the order and discipline of the correctional institutions, etc. or other matters in conflict with penal provisions are written in the correspondence.
[This Article Wholly Amended by Act No. 6038, Dec. 28, 1999]
Article 67 (Works and Exhortation)
(1) With respect to an unconvicted inmate, works may be imposed or exhortation may be rendered, only upon request. <Amended by Act No. 6038, Dec. 28, 1999>
(2) The provisions of Articles 31, 35 (1), 36, 37, 39 and 40 shall apply mutatis mutandis to the works and exhortation of a unconvicted inmate as provided in paragraph (1). <Newly Inserted by Act No. 4936, Jan. 5, 1995>
Article 68 (Detention Room)
A detention room installed in a police station shall be regarded as corresponding to a pretrial detention room.
Article 69 Deleted. <by Act No. 6038, Dec. 28, 1999>
ADDENDA
(1) This Act shall enter into force on the date of its promulgation.
(2) Royal Order No. 243 of the Chosun Governor’s Office Regulations on Prison mandated on Oct. 18, 4245 of the Tangun Era shall be abolished.
(3) A correctional institution and juvenile reformatory that exist at the time when this Act enters into force shall be considered to have been established under this Act.
(4) Jail, juvenile jail and jailor as provided in other Acts and subordinate statutes at the time when this Act enters into force shall be considered revised as correctional institution, juvenile reformatory and prison officer, respectively.
ADDENDUM<Act No. 1222, Dec. 24, 1962>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 2437, Jan. 15, 1973>
(1) (Enforcement Date) This Act shall enter into force on the date of its promulgation. (Proviso Omitted.)
(2) through (11) Omitted.
ADDENDUM<Act No. 3289, Dec. 22, 1980>
This Act shall enter into force on the date of its promulgation.
ADDENDUM<Act No. 4936, Jan. 5, 1995>
This Act shall enter into force on the date of its promulgation.
ADDENDA<Act No. 5175, Dec. 12, 1996>
(1) (Enforcement Date) This Act shall enter into force on January 1, 1997.
(2) (Transitional Measures) An application for permission for parole already submitted by the parole review board as provided in the previous provisions at the time when this Act enters into force shall be deemed as an application for permission for parole submitted by the review board as pro- vided in this Act.
ADDENDA<Act No. 6038, Dec. 28, 1999>
(1) (Enforcement Date) This Act shall enter into force three months after the date of its promulgation.
(2) (Transitional Measures) In case where a disciplinary measure of the suspension of work by request has been adopted or its execution is in progress under the previous provisions, such measure shall remain effective until the expiry date of two months from the date of commencement of its execution.