ENFORCEMENT DECREE OF THE
CRIMINAL ADMINISTRATION ACT
Presidential Decree No. 4128, Oct. 14, 1969 Amended by
Presidential Decree No. 9577, Aug. 29, 1979
Presidential Decree No. 10313, May 20, 1981
Presidential Decree No. 14756, Aug. 26, 1995
Presidential Decree No. 15212, Dec. 31, 1996
Presidential Decree No. 15572, Dec. 31, 1997
Presidential Decree No. 16682, Dec. 31, 1999
Presidential Decree No. 16759, Mar. 28, 2000
CHAPTER 1 GENERAL PROVISIONS
Article 1 (Purpose)
The purpose of this Decree is to provide matters which are delegated by the Criminal Administration Act and matters necessary for the execution thereof. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 2 (Circuit Inspection of Correctional Institutions)
The Minister of Justice or any public official commissioned by the Minister of Justice to inspect on circuit (hereinafter referred to as a “circuit inspection official”) shall carry out a circuit inspection on correctional institutions, juvenile reformatories, detention houses and their branches (hereinafter referred to as “correctional institutions, etc.”) more than once in every 2 years as provided in Article 5 (1) of the Criminal Ad-ministration Act (hereinafter referred to as the “Act”). <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 3 (Inspection by Judges, etc.)
(1) A judge or public prosecutor, when intending to inspect correctional institution, etc. as provided in Article 5 (2) of the Act, shall submit papers certifying his identification in advance to the head of the correctional institution, etc. (hereinafter referred to as the “warden”) and sign or attach his seal to an inspection book. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) In case of paragraph (1), the warden shall have a public official under his control escort the visitor to the area which the visitor intends to inspect and record the time thereof on the inspection book.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 4 (Visits)
(1) The warden, when intending to permit a visit to a correctional institution or juvenile reformatory as provided in Article 5 (3) of the Act, shall decide on permission after confirming the visitors name, occupation, address, age, and the purpose of the visit.
(2) The warden shall grant permission after obtaining approval of the Minister of Justice when a person intending to obtain permission for a visit is a foreigner.
(3) The warden shall give an instruction of caution to follow during a visit, to the person who has obtained permission as provided in paragraphs (1) and (2).
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 5 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 6 (Petitions to Circuit Inspection Officials)
(1) When there is a prisoner who wishes to file a petition with a public official on circuit inspection as provided in Article 6 (4) of the Act, the warden shall enter the name thereof in the petition book. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) The public official on circuit inspection official, upon receiving an oral petition from a prisoner, shall record the contents thereof in the petition book.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 7 (Duties, etc. of Circuit Inspection Officials)
(1) The public official on circuit inspection, upon examining a petition filed with him as provided in Article 6 (4) of the Act and making a decisionthereon on his own, shall enter the summary thereof in the petition book. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) The public official on circuit inspection shall report a petition to the Minister of Justice and shall not make a decision thereon on his own, when the petition is filed as provided in Article 6 (4) of the Act and deemed especially important. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(3) Where the public official in charge of circuit inspection makes a decision by himself with respect to a petition and enters the summary thereof in the petition book under paragraph (1), the warden shall deliver a written decision as prescribed in Article 6 (6) of the Act to the petitioner. <Newly inserted by Presidential Decree No. 16759, Mar. 28, 2000>
Article 8 Deleted. <by Presidential Decree No. 16759 Mar. 28, 2000>
Article 9 (Interview with Warden)
(1) Any prisoner may ask the warden for an interview with him with respect to his treatment or personal problems. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) The warden shall, where any prisoner applies for an interview with him under paragraph (1), interview him in order of application after entering his name in the interview book and enter the summary of his opinion stated to the prisoner concerned in the interview book. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
CHAPTER 2 CONFINEMENT
Article 10 (Acceptance of Newcomers)
(1) The warden, when accepting a person who enters a correctional institution, etc. for the first time anew as a prisoner (hereinafter referred to as a “newcomer”), shall issue a letter of acceptance signed or sealed by a prison officer, who accepted the newcomer, to the escort. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The letter of acceptance as provided in paragraph (1) shall include the newcomer’s name and age, and the year, month, date and time of acceptance.
Article 11 (Procedure for Executing Sentence)
(1) If an unconvicted prisoner becomes sentenced to a punishment of restricted freedom, the execution of sentence may begin with a public prosecutor’s letter of enforcement directions. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) In case of paragraph (1), the public prosecutor shall send a written judgment or other legitimate documents to the correctional institution, etc. within 10 days from the day of enforcement direction. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 12 (Medical Examination of New Comers)
Medical examination of a new comer as provided in Article 8 (2) of the Act shall be conducted by a medical examiner of the correctional institution, etc.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 13 (Transfer of an Infant)
(1) The warden, when not permitting a female prisoner to rear her infant with her as provided in Article 8 (3) of the Act, shall hand the infant over to the head of Shi/Kun/Ku having jurisdiction over the area where the correctional institution, etc. is located, if no one deemed capable of taking care of the infant is found. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) Where an infant permitted to be reared as provided in Article 8 (3) of the Act turns 18 months of age, or the warden cancels the permission for rearing, the provisions of paragraph (1) shall also apply, if no one deemed capable of taking care of the infant is found. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 14 (Definitions of Contagious Diseases)
The term “contagious diseases” in Articles 25 and 27 of the Act means infectious disease prescribed by the Prevention of Contagious Diseases Act. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 15 (Confinement of Persons Infected with Contagious Diseases)
The warden, when intending to confine a person infected with a contagious disease in a correctional institution, etc., shall confine the person in an isolated sick ward or other facilities suited to holding a person in- fected with a contagious disease. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 16 (Refusal to Confine Persons Infected with Contagious Diseases)
The warden, upon refusing to confine a person infected with a contagious disease as provided in Article 9 of the Act, shall give notice of the reason therefor to the administrative agency which has directed the confinement, and the director of the regional public health clinic having jurisdiction over the area where the correctional institution, etc. is located and shall report to the Minister of Justice. <Amended by Presidential Decree No. 9577, Aug. 29, 1979; Presidential Decree No. 14756, Aug. 26, 1995>
Article 17 (Procedure for Suspending Execution of Sentences or Detention)
The warden, upon recognizing that there is a reason to suspend the execution of a sentence or detention of a prisoner, shall immediately report the reason therefor to the public prosecutor with the medical certificate issued by a medical examiner and the investigation documents about the acceptor oncerned.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 18 (Bath)
(1) The warden shall have any newcomer take a bath without delay except for the case where he is sick or any unavoidable reason exists that makes it impossible for him to do so. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) When a female newcomer takes a bath, a female prison officer shall participate in her safe custody. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(3) The provision of paragraph (2) shall also apply mutatis mutandis to a bath taken by a female prisoner in confinement. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 19 (Numbers Assigned to Newcomers)
The warden shall assign a number to a newcomer and get him to have his number tag on a collar or chest to the left side: Provided, That where it is deemed necessary, the warden may get the prisoner to have no number tag. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 20 (Background Check, etc.)
(1) Deleted. <Presidential Decree No. 16759, Mar. 28, 2000>
(2) The warden shall inquire about matters of a newcomer’s identity and enter them on a personal identity card.
(3) Where it is necessary for the inquiry as provided in paragraph (2), the warden may request a court, a police station, other public offices or a newcomer’s acquaintance to submit necessary data. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(4) A court, a police station or other public offices, when requested as provided in paragraph (3), shall answer to the request without delay. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 21 (Confinement of Newcomers)
(1) A newcomer shall be confined in a newcomer’s ward for the first three days upon arrival except when he is sick or there are other unavoidable reasons. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Work shall not be imposed on a person confined in the newcomer’s ward as provided in paragraph (1). <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(3) Where a newcomer is less than 20 years of age or if it is necessary for other reasons, the warden may extend the duration as provided in paragraph (1) up to 30 days.
Article 22 (Personal Data Record, etc. of Prisoners)
(1) The prisoner personal data record, the prisoner list, and the expiration list shall be kept up-to-date within three days after the confinement concerned and necessary information shall be entered. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The warden shall post prison rules at an easily noticeable spot in the prisoner’s ward. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 23 (Rules for Solitary Confinement)
A prisoner in solitary confinement shall be banned from contacting other prisoners and remain solitarily confined except for summons, exercise, bath, interview, work, church, medical examination and other necessary circumstances. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Articles 24 through 26 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 27 (Inspections, etc. of Prisoners in Solitary Confinement)
(1) The warden and the medical examiner of a correctional institution, etc. shall inspect prisoners in solitary confinement more than once per week. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) A prison officer who inspects prisoners in solitary confinement in accordance with the warden’s instruction shall without delay report the matters inspected to the warden. <Newly inserted by Presidential Decree No. 16759, Mar. 28, 2000>
(3) The warden shall, where continuation of solitary confinement for prisoners is deemed harmful to their health and correction as the results of inspections and medical examinations of prisoners concerned under Article 97, halt the solitary confinement. <Newly inserted by Presidential Decree No. 16759, Mar. 28, 2000>
Article 28 (Inspection of Female Prisoners)
Except for the case where the warden deems it specially necessary, any male prison officer shall be prohibited from inspecting any female prisoner in a ward at night.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Articles 29 and 30 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 31 (Mixed Confinement)
The warden may put any prisoner in mixed confinement in the case falling under any of the following subparagraphs:
1.Where solitary confinement is deemed harmful to the mentality and physicality of any prisoner;
2.Where mixed confinement is deemed helpful to the correction of any prisoner, such as the cultivation of sociality, etc.;
3.Where any prisoner is feared to commit a suicide or injure himself;
4.Where any prisoner is in need of help from other prisoners on the grounds of his disease or handicap; and
5.Where mixed confinement is inevitable in light of the conditions of a correctional institution, such as excessive prisoners and a shortage of wards for solitary confinement, etc.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 32 (Prohibition on Mixed Confinement)
A person irrevocably sentenced to imprisonment with prison labor, imprisonment without prison labor or penal detention and a person in receipt of order of detention in a workhouse shall not be placed in mixed confinement, notwithstanding the provision of Article 31, except for the case of an unavoidable reason.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 33 (Standards for Solitary Confinement)
More than three persons shall be placed in a ward for mixed confinement: Provided, That in case where a prisoner is recuperating or there is an unavoidable reason, this shall not apply.
Article 34 (Assignment of Seats to Prisoners)
The warden may assign a seat for a prisoner to use in a ward for mixed confinement, classroom, church, work place, and other places. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 35 (Prohibition of Substituting Ward for Mixed Confinement)
A ward for mixed confinement shall not be substituted for a work place unless there are unavoidable circumstances. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
Article 36 (Name Tags in Front of Wards)
A name tag shall be posted in front of a ward. The prisoner’s name, age, charge, denomination of penalty, and prison term shall be entered on the tag’s upper part which shall remain covered, and the prisoner’s number and imprisonment date shall be entered in the lower part. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 37 (Capacity, etc. Sign of ward for Mixed Confinement)
In a ward for mixed confinement, a confinement card specifying the area and capacity thereof and the present number of prisoners shall be posted. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
CHAPTER 3 SAFE CUSTODY
Article 38 (Outsiders’ Access)
Any person other than prison officers shall not be given access to any correctional institution, etc. after the working hours as prescribed in the
Public Officials Service Rules without the warden’s permission.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 39 (Safe Custody of Prisoners)
(1) The gate, door, ward, work place of a correctional institution, etc., and other places where prisoners are confined shall be closed to outside: Pro- vided, that where it is necessary to temporarily open such a place, it shall be guarded. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) Locks and keys of a correctional institution, etc. shall be kept in the custody of a designated prison officer and shall not change hands unless there are special circumstances. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 40 (Opening wards and Stepping in and out of Them)
Any prison officer shall not open a ward or let a prisoner step out of it without the warden’s order or another prison officer’s participation: Pro- vided, That the same shall not apply to any sick ward or any emergence case. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 41 (Prohibition of Obstacle)
An object that may hinder one’s view or become an obstacle for safe custody purposes shall not be left on the premises of a correctional institution, etc. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 42 (Inspection of Wards and Work Place)
The warden shall get prison officers to inspect wards and work places of prisoners from time to time.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 43 (Physical Search of Prisoners)
The warden shall have a prison officer search the body and clothes of a prisoner who returns from a work place or outdoors to his ward: Pro- vided, That in a case of a convicted prisoner, where deemed specially necessary for edification, this shall not apply. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 44 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 45 (Use of Restraining Tools)
A restraining tool shall not be used without the relevant warden’s order: Provided, That in case of an urgency, a prison officer shall immediately report to the warden after using it. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 46 (Requisites for Use by Kind of Restraining Tools)
(1) A prison officer’s ropes and handcuffs shall be used for prisoners who are likely to engage in disturbance, violence, flight or suicide and for prisoners who are being transferred under guard, and facial protective devices for prisoners who do not comply with restraint order become boisterous or are likely to injure themselves, respectively. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Chains may be used when prisoners may not be restrained by a prison officer’s ropes or handcuffs as provided in paragraph (1), or where it is specially required. <Newly Inserted by Presidential Decree No. 14756, Aug. 26, 1995>
(3) Facial protective devices as provided in paragraph (1) shall not be used for more than six hours without interruption: Provided, That where it is deemed necessary to use it longer, its use may be extended for up to three more hours. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 47 (Exercise of Coercive Power)
(1) The coercive power under Article 14-2 of the Act shall not be exercised without the warden’s order: Provided, That in the case of emergency, it shall be immediately reported to the warden after exercising it.
(2) The warden shall, when any prison officer uses a weapon in accordance with Article 15 of the Act, immediately report the reasons thereof to the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 48 (Measures in Cases of Natural Disasters or Incidents)
(1) In case where deemed specially necessary for the cases of a natural disaster and other incidents, the warden may have a prisoner engage in an emergency work such as fire fighting, etc. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) The warden may designate a prisoner with an excellent record of criminal administration and give him an adequate training, in order to have him engage in the work as provided in paragraph (1). <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(3) The provisions of Article 39 (2) and (3) of the Act shall apply mutatis mutandis to the work bonus paid to any person who has been engaged in the emergency work such as fire fighting, etc. under paragraph (1). <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
Article 49 (Temporary Release)
The warden, when temporarily releasing a prisoner as provided in Article 16 (2) of the Act, notify him of the time and place of presence as provided in paragraph (3) of the same Article. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 50 (Medical Examination at Time of Transfer to Another Institution)
(1) The warden shall, when transferring a prisoner to another correctional institution, etc. shall get a medical examiner of the correctional institution, etc. to examine him and stop the transfer when the transfer is deemed dangerous to the prisoner’s health. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The warden, upon stopping the transfer as provided in paragraph (1), shall notify the correctional institution, etc. which is to accept the prisoner of the reason therefor. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 51 (Gender Separation when Transferred)
When prisoners are transferred, female prisoners shall be separated from male prisoners and prisoners under 20 years of age from other prisoners, separately.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 52 (Measures to Take upon Escape)
When a prisoner escapes, the warden shall immediately notify the police station having jurisdiction over the location of correctional institution, etc., and its adjacent areas, or over a region where the prisoner is likely to hide himself, of the fact thereof along with a photograph and personal descriptions of the escapee. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 53 (Report on Escape)
In a case of Article 52, the warden shall immediately report the facts thereof to the Minister of Justice. Where the escapee is arrested, the same shall also apply. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
CHAPTER 4 INTERVIEWAND CORRESPONDENCE
Article 54 (Interview Time)
A prisoner’s interview with a visitor is limited to 30 minutes: Provided, That an interview with his defense counsel shall be excepted. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 55 (Permission for Interview)
An interview with a prisoner is permitted only during the duty hours according to the Public Officials Service Rules.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 56 (Frequency of Interviews)
(1) The frequency of interviews for a convicted prisoner shall be permitted up to four times per a month: Provided, That the warden may in- crease the frequency of interviews with a convicted prisoner under 20 years of age, a prisoner who is treated as such, or a prisoner with an excellent record of criminal administration. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) The frequency of interviews (excluding interviews with a defense counsel) with an unconvicted prisoner shall be limited to once a day.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 57 (Exceptional Interviews)
The warden may, in case where deemed specially necessary for edifying a prisoner, allow the prisoner an interview, notwithstanding the provisions of Articles 54 through 56. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 58 (Record, etc. of Interviews)
(1) When a person applies for an interview with a prisoner, the warden shall record the applicant’s name, occupation, address, age and his relation to the prisoner, and give notice of the rules to the applicant who has obtained permission for an interview, and record the summary of the interview: Provided, That where the applicant is a defense counsel for the case in question, only his name and address shall be recorded. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) With respect to any prisoner falling under any of the following sub-paragraphs, the warden may permit him to meet with any outsider without recording the summary of such meeting and the presence of prison officers: <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
1.A convicted prisoner who has served a third of his prison term (in case of imprisonment for life, 7 years) and shown an excellent record of criminal administration;
2.A convicted prisoner imprisoned for a minor offense who is not feared to destroy evidences; and
3.Other person who is deemed especially necessary for edification.
(3) The warden may, where any prisoner or his meeting counterpart commits the act falling under any of the following subparagraphs, have any prison officer block him from committing such act and terminate the meeting if he refuses to comply with the measures taken by the prison officer. <Newly Inserted by Presidential Decree No. 16759, Mar. 28, 2000>
1.Where he instigates or fosters a crime;
2.Where he endangers the safety and order of a correctional institution, etc. such as the destruction of evidences, an attempt to break out of the prison, etc.;
3.Where he spreads false facts with respect to the treatment of prisoners and the operation of a correctional institution, etc.; and
4.Where he violates the provisions of this Act and Enforcement Decree.
Article 59 (Place for Interview)
An interview with a prisoner shall be held in an interview room: Provided, That where the warden deems it necessary, it may be held at a place other than the interview room. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 60 (Prohibition of Use of Foreign Languages during Interview)
A foreign language shall not be used during an interview with a prisoner: Provided, That the case specially permitted by the warden shall be excepted. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 61 (Frequency of Sending Letters)
The frequency of letters sent by a prisoner shall not be limited: Provided, That the provision of Article 56 may apply mutatis mutandis to where the warden deems it specially necessary. In this case, “interviews” shall be regarded as “sending letters”, and the “frequency of interviews” as the “number of letters”.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 62 (Censorship of Letters)
(1) The warden shall censor letters sent and received by any prisoner (excluding letters with a defense counsel under the provisions of the partial main sentence other than any subparagraph of Article 66 (2) of the Act). <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) An outgoing letter of a prisoner shall be submitted to the correctional institution, etc. with the envelope not sealed, and an incoming letter to him shall be opened and affixed a stamp by the correctional institution. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(3) The warden shall, where the contents of any letter censored under the main sentence of paragraph (1) fall under any of the following subparagraphs, not permit mailing out and delivering such letter. In this case, any letter which is not permitted to be mailed out shall be disposed of after serving a notice thereof on the prisoner concerned: <Newly Inserted by Presidential Decree No. 16759, Mar. 28, 2000>
1.Where it is in conflict with the Acts and subordinate statutes;
2.Where it attempts to break out of the prison, destroy evidences or ship in disallowed goods;
3.Where it spreads obviously false facts with respect to the treatment of prisoners and the current operation of a correctional institution, etc.; and
4.Where it is feared to seriously undermine the safety and order of a correctional institution, etc.
Article 63 Deleted. <by Presidential Decree No. 14756, Aug. 26, 1995>
Article 64 (Letters from Public Offices)
The warden shall open a letter delivered to a prisoner from a court and other public offices, and then deliver it to the prisoner himself. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 65 (Writing Hours)
The writing of letters and documents, etc. by any prisoner shall be done on Sunday, holidays or time-off, except for emergency case.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 66 (Place for Writing)
A prisoner may be permitted to write a letter and document, etc. in a writing room, a ward or a designated place in a work place. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
Article 67 (Provisional Holding, etc. of Written Documents, etc. )
(1) Any documents, etc. written by any prisoner under Article 33-3 of the Act shall be held at the correctional institution, etc.: Provided, That the same shall not apply to the case where any prisoner wants his documents, etc. to be mailed out or the warden permits the prisoner to hold them for a fixed period with the limit of fixed volume.
(2) The warden shall, where any prisoner intends to mail out his documents, etc. or take them out of the prison when he is released, permit him to do so unless their contents fall under each subparagraph of Article 33-3 (1) of the Act and Article 62 (3) 1 through 3 of this Enforcement Decree. In this case, the disallowed documents, etc. shall be disposed of after notifying the prisoner concerned of the reasons thereof.
(3) The warden shall occasionally check the management of writing utensils such as the recovery and disposal, used writing utensils and papers, etc.
(4) Other matters necessary for prisons to write shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 68 (Writing Letters, etc. for Someone Else)
Where a prisoner is incapable of writing a letter, lawsuit documents and other documents by himself, a prison officer may write on behalf of the prisoner upon request. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 69 (Bearing of Fees)
Any prisoner shall pay for writing utensils and postal charges, etc. which he uses: Provided, That where any prisoner cannot afford them, the government may pay for them on behalf of him.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 70 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 71 (Return of Letters upon Release)
(1) The term “in case where deemed improper to destroy it” in the proviso of Article 18-2 (5) of the Act means the case where the contents of any letter do not fall under any of subparagraphs of Article 33-3 (1) of the Act and Article 62 (3) 1 through 3. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) The warden shall enter the date of forwarding, delivering and destroying of a letter and other documents in the personal data record of the relevant prisoner.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 72 (Recording Reference Matters about Letters and Interviews)
The warden, upon finding out any reference matters for duties while censoring a letter or participating in an interview, shall record the summary thereof in the prisoner’s personal data record. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
CHAPTER 5 SUPPLIES
Article 73 (Supply of Clothes)
(1) The clothes and bedclothes supplied to a prisoner as provided in Article 20 of the Act shall be suited to the maintenance of a prisoner’s health.
(2) Matters necessary for item, color and size of the supplied clothes and bedclothes shall be prescribed by the Ordinance of the Ministry of Justice.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 74 (Supply of Bowls)
(1) A prisoner may be provided with bowls and other items necessary for living in confinement, in addition to clothes and bedclothes as provided in Article 73. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Bowl items shall be prescribed by the warden with approval of the Minster of Justice. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(3) The warden shall supply a prisoner with toilet paper, toothbrush, toothpaste, soap and other daily necessaries. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 75 (Amount of Clothes and Other Supplies)
(1) The number of clothes and bedclothes that is supplied to a prisoner shall be limited to one set each per prisoner: Provided, That an item shared by many prisoners shall be excepted. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) Where it is deemed necessary in consideration of weather, the prisoner’s health and other circumstances, the warden may increase or decrease the number of clothes or bedclothes as provided in paragraph (1). <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(3) The amount of bowls and daily necessaries shall be prescribed by the warden. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(4) and (5) Deleted. <by Presidential Decree No. 14756, Aug. 26, 1995>
Article 76 (Cleanliness of Bowls)
A bowl to be supplied to a prisoner shall be one that can be kept clean, and clothes, bedclothes, bowl, and other items, when used by others, shall not be supplied to a prisoner unless sanitized or sterilized.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 77 (Furnishing Necessary Appliances)
(1) The warden may have a ward or work place furnished with necessary appliances for living. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) The appliances to be furnished in a ward and work place shall be pre- scribed by the warden with approval of the Minister of Justice. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(3) In a ward and work place, an item list shall be posted, specifying the items and amount of appliances. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 78 (Supply of Principal and Subsidiary Foods)
Foods to be provided to a prisoner shall be composed of principal and subsidiary foods, drink and other nutriments, and shall be suited for the required nutrition. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 79 (Mixed Principal Food)
(1) The principal food shall be a mixture of rice and barley. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Where it is deemed necessary, the warden may change the grains pro- vided in paragraph (1) or provide a substitute food.
Articles 80 and 81 Deleted. <by Presidential Decree No. 14756, Aug. 26, 1995>
Article 82 (Supply of Special Food)
The warden may provide special food on a national holiday and other days befitting a national holiday. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 83 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 84 (Food for Patients)
Principal and subsidiary foods and other nutriments for a patient shall be prescribed by the warden. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 85 (Permission for Clothes at Prisoner’s Own Expense)
(1) The warden may permit a prisoner to use clothes (excluding a prisoner’s jacket), bedclothes and other daily necessaries purchased at his own expense.
(2) The items and amounts of daily necessaries permitted as provided in paragraph (1), shall be prescribed by the warden.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 86 (Kind of Clothes at Prisoner’s Own Expense)
Clothes or bedclothes permitted at the prisoner’s own expense shall be limited to clothes and bedclothes that are suitable for the season and sanitation, and that do not contravene the rules of a correctional institution, etc.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 87 (Washing Clothes Bought at Prisoner’s Own Expense)
(1) Clothes and bedclothes bought at a prisoner’s own expense shall be exchanged, repaired, or washed in due course of time. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Where clothes and bedclothes bought at a prisoner’s own expense are repaired or washed in a correctional institution, etc., the expense shall be borne by the prisoner himself. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 88 (Kind of Foods Permitted at Prisoner’s Own Expense)
The kind and amount of food to be bought at a prisoner’s own expense shall be prescribed by the warden. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 89 (Inspection of Foods Obtained at Prisoner’s Own Expense)
Foods obtained at a prisoner’s own expense shall be inspected by a medical examiner with a prison officer participating. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 90 (Consuming Foods Obtained at Prisoner’s Own Expense)
A prisoner in mixed confinement shall eat his food obtained at his own expense at a place separated from other prisoners: Provided, That where there is no appropriate place, he may be permitted to eat in a ward or work place. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 91 (Supply of Foods Obtained at Prisoner’s Own Expense)
(1) The warden shall get the foods to be supplied to a prisoner intending to obtain foods at his own expense, through a store run by the staff union of a correctional institution, etc., to prevent the order of confinement from being disturbed.
(2) Matters necessary for supplying foods and clothes to be obtained at a prisoner’s own expense, shall be prescribed by the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
CHAPTER 6 SANITATION AND MEDICAL CARE
Article 92 (Cleanliness, etc. of Ward)
A prisoner shall engage in tasks necessary for cleaning his ward and put- ting things in order. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 93 (Haircut of Convicted Prisoners)
(1) A convicted prisoner shall have his hair cut more than once a month and his beard shaved more than once every ten days: Provided, That the warden may permit a prisoner to have his hair grow long where it is deemed necessary for edification.
(2) Deleted. <by Presidential Decree No. 14756, Aug. 26, 1995>
[This Article Wholly Amended by Presidential Decree No. 9577, Aug. 29, 1979]
Article 94 (Use of Cosmetics)
The warden may permit a prisoner to use cosmetics. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 95 (Number of Baths)
The number of prisoner’s baths shall be prescribed by the warden in consideration of the kind of work and other circumstances: Provided, That a prisoner shall take a bath more than once every five days from June to September and more than once every seven days from October to May. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 96 (Exercise of Prisoners)
(1) The warden shall get a prisoner to take outdoor exercise for up to one hour per day: Provided, That in the case where it is deemed unnecessary for exercise because of the kind of work or when there are unavoidable circumstances such as, rain, etc. this shall not apply. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The time allowed for physical exercise as provided in paragraph (1) may be extended up to two hours for a prisoner in solitary confinement. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 97 (Medical Examination of Prisoners)
(1) The warden shall have medical examinations carried out more than once every three months for prisoners in solitary confinement or prisoners under 20 years of age, and more than once every six months for other prisoners. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 98 (Preventive Measures against Contagious Diseases)
The warden shall isolate a prisoner who has come from or passed through a contagious disease-infected area for more than one week from confinement, and sterilize his belongings.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 99 (Vaccination against Contagious Diseases)
The warden may vaccinate a prisoner against an infectious disease or take other necessary measures as provided in Article 25 of the Act.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 100 (Food Bought at Prisoner’s Own Expense Prohibited from Being Supplied)
The warden may prohibit foods obtained at a prisoner’s own expense from being supplied when a contagious disease is widespread.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 101 (Measures for Prisoners Infected with Contagious Diseases)
(1) Where a prisoner is infected with a contagious disease, the warden shall immediately isolate and sterilize the infected prisoner and report the situation thereof to the Minister of Justice. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The warden shall notify the director of a regional public health clinic having jurisdiction over the area where the correctional institution, etc. is located of the fact thereof, in case of paragraph (1). <Amended by Presidential Decree No. 9577, Aug. 29, 1979>
Article 102 Deleted. <by Presidential Decree No. 16759, Mar. 28, 2000>
Article 103 (Measures for Treatment)
(1) Where it is deemed necessary for the treatment of a prisoner, the war- den may get a doctor other than a medical examiner to provide treatment. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Where it is deemed necessary for childbirth of a woman prisoner, the warden may employ the services of a midwife. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 104 (Notification of Patients Who are Seriously Ill)
Where a prisoner is seriously ill, the warden shall notify his family of the facts thereof. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 105 (Measures for Transfer to Normal Hospitals)
(1) The warden, upon moving a prisoner to an external hospital as pro- vided in Article 29 of the Act, shall immediately report the facts thereof to the Minister of Justice, with a medical certificate issued by a medical examiner and a letter of consultation with the hospital to which the prisoner is referred. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) Where a prisoner who has been referred to an external hospital as pro- vided in Article 29 of the Act no longer needs to be hospitalized, the warden shall immediately recall the prisoner and notify the Minister of Justice of the facts thereof. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 106 (Definition of Pregnant Woman, etc.)
The term “pregnant woman” in Article 30 of the Act means a woman who is pregnant or for whom 60 days have yet to elapse after childbirth, and the term “old and infirm person” means a person above 70.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
CHAPTER 7 EDUCATION AND EXHORTATION
Article 107 (Date and Time of Exhortation)
Exhortation shall be carried out on a holiday only: Provided, That where the relevant warden deems it necessary, this shall not apply. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 108 (Special Exhortation)
Exhortation for a prisoner who is placed in a sick ward or a ward for solitary confinement shall be carried out in his ward. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 109 (Exhortation for Prisoners Exempted from Work)
The warden shall occasionally exhort any prisoner who is exempted from prison work under the main sentence of Article 37 of the Act.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 110 (Ceremony for Amnesty, etc.)
Where an amnesty or parole is granted or a citation is awarded, the warden shall gather all or part of the prisoners and exhort them. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 111 (Exhortation at Death)
When a prisoner dies, the warden may gather those who are related to him or are deemed to need to be exhorted and exhort them. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 112 (Lending Stationery to Prisoners Subject to Education)
The warden may permit a prisoner who receives education to use necessary stationery in a ward. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 113 (Cultivation of Sentiments)
Where it is deemed necessary for the cultivation of a prisoner’s sentiments, the warden may permit a sports meet, play or movie. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 114 (Listening to Radio, etc.)
(1) The warden may permit a prisoner to listen to the radio or watch television, using broadcasting equipment administered and operated by the correctional institution, etc., for a prisoner to obtain useful information for returning to the society and gain necessary knowledge. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(2) Radio listening and television watching as provided in paragraph (1) may be restricted where it is necessary for the security of a correctional institution and edification. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
CHAPTER 8 WORK
Article 115 (Work of Juvenile Convicted Prisoners)
The warden, upon imposing work on a convicted prisoner under 20 years of age, shall consider matters regarding culture in particular.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 116 (Kinds of Work and Job Training)
(1) The kinds of work to be imposed on a convicted prisoner shall be pre- scribed by the warden with approval of the Minister of Justice.
(2) The warden may carry out job training for a convicted prisoner to get him ready for future livelihood and gain technical skills.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 117 (Notification of Work)
The warden, upon deciding on the kind of work and daily work schedule to be imposed, shall notify the convicted prisoner concerned thereof.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 118 (Standard for Work Schedule)
A work schedule for a convicted prisoner shall be decided in consideration of the prisoner’s work achievement, a ratio to be used for calculating work bonus, and working hours: Provided, That where it is difficult to decide on a work schedule, the working hours shall be regarded as a work schedule.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 119 (Work Schedule for Juvenile Convicted Prisoners, etc.)
The warden may separately decide on a work schedule for convicted prisoners who are under 20 years of age, the decrepit, the sick, or the handicapped. <Amended by Presidential Decree No. 16682, Dec. 31, 1999>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 120 (Work Upon Request)
A prisoner who is permitted to work on his own request shall not stop his work or change the kind of work unless there is a justifiable reason.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 121 (Permission for Work by Contract)
The warden may permit a convicted prisoner to work by contract with approval of the Minister of Justice.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 122 (Inspection of Work Achievement)
The warden shall get a prison officer to inspect a prisoners work achievement once a day.
[This Article Newly Inserted by Presidential Decree No. 14756, Aug. 26, 1995]
Article 123 (Recess of Work)
For the purpose of Article 36 (1) of the Act, the term “other legal holidays” means the holidays prescribed by the Rules on Holidays for Public Offices and December 31. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 124 (Procedure for Paying Consolation Money, etc.)
Where it is necessary to pay consolation or condolence money as provided in Article 40 of the Act, the warden shall apply to the Minister of Justice with necessary documents appended. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 125 (Paying Consolation Money, etc.)
The warden, upon paying consolation or condolence money as provided in Article 40 (1) and (2) of the Act, shall check and confirm the heir thereof before paying.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
CHAPTER 9 PROVISIONAL HOLDING
Article 126 (Proceeding for Goods Kept in Custody)
The warden, upon keeping prisoner’s belongings in custody as provided in Article 41 of the Act, shall enter the item name, quantity, size, and estimated value thereof in the book for things kept in custody and sign it. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 127 (Keeping Goods in Custody)
The warden shall store gold, silver, jewelry, securities, seal, and other valuables in a safe container and keep them secure. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 128 (Selling Goods Kept in Custody)
(1) The warden may sell things kept in custody upon request and keep the proceeds of sale in custody.
(2) The amount of money kept in custody shall be entered in the book for money kept in custody and signed by the warden.
Article 129 (Permission for Using Money Kept in Custody)
Where a prisoner requests the use of his money kept in custody for the sup- port of his parents, grandparents, spouse, children, or siblings, or other justifiable purposes, the warden may permit the request in consideration of circumstances. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 130 (Delivery of Money and Valuables to Prisoners)
Money and other valuables to be delivered to a prisoner as provided in Article 42 (1) of the Act shall be limited to documents, stationery, stamps, postage stamps, post cards which are deemed necessary for edification, or money and other valuables within a limit required during confinement or upon release.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 131 (Use of Money and Other Valuables Kept in Custody)
(1) The warden may keep money and other valuables allowed to be delivered as provided in Article 42 (1) of the Act, in the custody of the correctional institution, etc., and then permit a prisoner to use them.
(2) Matters necessary for the receipts and disbursements, deposition, and custody of money, and for criteria for the delivery of money and valuables and their use as referred to in paragraph (1) and Article 130 shall be determined by the Minister of Justice. <Amended by Presidential Decree No. 15572, Dec. 31, 1997>
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 132 (Procedure for Delivering Money and Other Valuables)
When someone requests the delivery of money and other valuables to a prisoner, the warden shall check his name, occupation, address, age, and his relation to the prisoner. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 133 (Inspection of Delivered Things)
(1) The warden shall have a prison officer inspect things forwarded, and permitted to be delivered, to a prisoner. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The warden shall have a medical examiner inspect food and medicine. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 134 (Handling Food)
With respect to food, the provisions regarding provisional holding shall not apply.
Article 135 (Handling Things Secretly Possessed by Prisoners)
(1) The warden, upon finding things secretly held by a prisoner, shall keep them in custody, and may seize or destroy them if it is deemed improper to keep them in custody. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
(2) The things that have been seized as provided in paragraph (1) may be lent to a person released as provided in Article 56 of the Act. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 136 (Measures to Destroy Goods Kept in Custody)
With respect to the articles seized and destroyed as provided in Article 135 (1), the items and quantity thereof and the reason for and the date of disposal shall be entered in the book of things seized and destroyed, and shall be confirmed by the warden.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
Article 137 (Delivery of Goods Left)
(1) Where a person who is to receive the things left by a deceased prisoner is far away, the warden may upon his request sell the things and send the proceeds thereof.
(2) In the case of paragraph (1), costs necessary for sending the proceeds shall be borne by a person who has made the request.
Article 138 (Scope of Use of Money and Other Valuables Reverted to National Treasury)
The warden may lend money and other valuables reverted to the National Treasury as provided in Articles 42 (3), 43 (2) and (3) of the Act to a per- son released as provided in Article 56 of the Act.
[This Article Wholly Amended by Presidential Decree No. 14756, Aug. 26, 1995]
CHAPTER 10 LEAVE AND DISCIPLINE
Article 139 (Measures for Prisoners on Leave)
(1) The warden, upon permitting leave for more than 2 days as provided in Article 44 (3) or (4) of the Act, shall notify the chief of the police station having jurisdiction over the leave destination thereof. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) Where a significant accident happens to a prisoner on leave due to a natural disaster or for other reasons, he may report the facts thereof to the adjacent police station or to a correctional institution, etc., and request necessary protection. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(3) A person who is requested to give protection as provided in paragraph (2) shall immediately report the facts thereof to the head of the correctional institution, etc. whereto the prisoner on leave belongs, and shall take necessary protective measures. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 140 (Convocation of Disciplinary Committee)
The disciplinary committee shall be convened when the chairman of the committee deems it necessary.
Article 141 (Representation of Chairman of Disciplinary Committee)
When the chairman of the disciplinary committee is unable to perform his duties, a committee member designated by the chairman shall assume his duties thereof.
Article 142 Deleted. <by Presidential Decree No. 14756, Aug. 26, 1995>
Article 143 (Confinement of Prisoners under Suspicion of Disciplinary Actions)
The warden shall confine a prisoner under investigation as a suspected person for disciplinary actions, in an investigation room. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
Article 144 (Person to Pronounce Punishment)
A punishment shall be pronounced by the relevant warden.
Article 145 (Execution of Punishment)
(1) Any punishment, upon being sentenced, shall be immediately executed.
(2) Any prisoner subjected to a disposition taken for a forfeiture of rights against him shall be confined in a punishment ward and prohibited from meeting any outsider, receiving and mailing out any letter, telephone conversation, writing, exercising, reading any newspaper and any book, listening to the radio, watching television and using any goods obtained at his expenses during the period: Provided, That the same shall not apply to the case where any unconvicted prisoner prepares documents for a lawsuit, meets with his defense counsel and mails out and receives letters; and the warden may, where it is deemed especially necessary for ad-monishing and treating him, permit him to meet with visitors and mail out and receive letters and read books. <Amended by Presidential Decree No. 16759, Mar. 28, 2000>
(3) With respect to a prisoner subject to the forfeiture of rights, the punishment shall not be enforced unless a medical examiner examines his health and deems that the enforcement is not a threat to his health. <Amended by Presidential Decree No. 10313, May 20, 1981; Presidential Decree No. 14756, Aug. 26, 1995>
(4) The warden shall, where a prisoner subjected to a disposition taken for the forfeiture of rights against him is prohibited from meeting any outsider, mailing out and receiving any letter, notify the fact thereof to the prisoner’s family or acquaintances: Provided, That the same shall not apply to the case where the prisoner himself does not want such notice served on his family and acquaintances. <Newly Inserted by Presidential Decree No. 16759, Mar. 28, 2000>
Article 146 (Medical Checkup During Enforcement of Punishment)
A prisoner subject to the forfeiture of rights shall be occasionally checked for the state of health, by a medical examiner. <Amended by Presidential Decree No. 10313, May 20, 1981; Presidential Decree No. 14756, Aug. 26, 1995>
Article 147 (Suspension of Punishment Execution)
(1) The warden shall, in the event that he has to transfer any prisoner under the execution of the forfeiture of rights to another prison, suspend the execution of the forfeiture of rights on the date of transfer.
(2) Where any prisoner under the execution of the forfeiture of rights appears at the court or the prosecutor’s office in compliance with a summons made by such court or such prosecutor’s office, the execution of the forfeiture of rights shall be deemed to be continued during that period.
[This Article Wholly Amended by Presidential Decree No. 16759, Mar. 28, 2000]
Article 148 (Completion of Punishment and Medical Examination)
When a prisoner subject to the forfeiture of rights completes the enforcement of punishment, the warden shall immediately get a medical examiner to medically examine the prisoner. <Amended by Presidential Decree No. 10313, May 20, 1981; Presidential Decree No. 14756, Aug. 26, 1995>
Article 149 (Calculating Punishment Period)
(1) The warden shall, upon accepting a prisoner subject to punishment by a transfer, resume the enforcement of the punishment within three days from the acceptance. In this case, the number of days from the day when the enforcement is suspended under Article 147 (1) to the day before the enforcement is resumed, shall not be counted in the punishment period. <Amended by Presidential Decree No. 14756, Aug. 26, 1995; Presidential Decree No. 16759, Mar. 28, 2000>
(2) The warden shall, where he temporarily suspends the execution of punishment under Article 48 (1) of the Act, resume at once such execution when the cause of the suspension is extinguished. In this case, the number of days from the date of suspension to the date preceding the day of resumption shall not be added to the punishment period. <Newly Inserted by Presidential Decree No. 16759, Mar. 28, 2000>
Article 150 (Punishment on Prisoners Transferred)
Where a prisoner has violated a rule while being transferred, the warden who accepts the prisoner shall punish him for the violation thereof. <Amended by Presidential Decree No. 14756, Aug. 26, 1995>
Article 151 (Recording Punishments)
The warden shall enter matters concerning punishment of a prisoner in the prisoner’s personal data record and the disciplinary book. <Amended by Presidential Decree No. 10313, May 20, 1981; Presidential Decree No. 14756, Aug. 26, 1995>
CHAPTER 11 PAROLE
Article 152 Deleted. <by Presidential Decree No. 15212, Dec. 31, 1996></