Overcrowding has been a problem since the 1970s. The Constitutional Court ruled in 2016 that overcrowding violates human dignity and values. As of Jul. 2022, there are about 209 lawsuits filed for damages against the state in relation to overcrowding,664) and some lower courts have even acknowledged the illegality.665) The UN Human Rights Committee and the UN Committee against Torture recommended the improvement of the physical condition and implementation of specific measures to comply with the international standards set forth in the Nelson Mandela Rules in their concluding observations on government reports in 2015 and 2017. The NHRCK also recommended to improve the issue of overcrowding in detention facilities based on the results of ex officio investigations in 2013 and 2017, and more than 27 cases of recommendation for improvements were made over the past three year (2020~2022). The government assessed that the 2021 implementation status of the 3rd National Action Plan for the Promotion and Protection of Human Rights for improving the personal restraints program is underway to resolve the overcrowding in detention facilities.666) The government has promised to resolve overcrowding at every opportunity on this issue, but there are no signs of improvement even after a considerable amount of time has passed. As the considerable period (5~7 years at the latest) urged for improvement by the Constitutional Court in 2016 has already arrived, it is necessary to establish alternative plans that can be applied immediately, in terms of budget, organization, and manpower to resolve the issue of overcrowding of inmates. 664) According to the Naeil Shinmun article on July 26, 2022, “Reduce the number of non-convicted prisoners and expand parole,” as of July 19, 2022, 209 lawsuits for damages related to overcrowding against the state as defendants are in progress. 665) In the 2019GaSo32442 judgment sentenced on June 16, 2022, the Jeonju District Court stated, “the defendant (Korea) is claiming financial problems and various other circumstances, but these are all unreasonable. It is a matter of the defendant's will" and 'particularly with respect to the financial issue, it is a claim that is completely unreasonable in light of the size of Korea's GDP,' saying, "The defendant cannot solve the problem of confinement and overcrowding of prisoners for any reason. There is no justification for not resolving it.” 666) National Human Rights Policy Council, Implementation Status of the 3rd Human Rights NAP, 2021, 2022, p. 2~5. 270

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