The Report on Human Rights Situation in the Republic of Korea
imprisonment with labor for life without a reduced sentence or parole for a fixed
period of time, maintaining the death penalty as an exception during the time of
war, etc. can be considered, and whether to adopt these measures must be
considered by the National Assembly during the legislative process.
Many countries that abolished the death penalty and maintain the life imprisonment
have introduced a relative life imprisonment where the life imprisonment sentence
can be reconsidered after a certain period of time has elapsed. The US, etc. are
enforcing absolute life imprisonment without the possibility of parole, and Spain,
etc. have adopted imprisonment for a definitive duration, not life imprisonment.
If we can consider methods to achieve the punitive purpose, instead of the death
penalty, we need to prepare alternative punishments by comprehensively considering
the Korean penal system, operating status, victims and people’s legal sentiments,
overseas examples, the Constitution and international human rights standards, etc.
2) Problems with the Use of Protective Gear at the Immigration
Detention Center and Long-Term Detention
A) Use of Improper Protective Gear at Hwaseong Immigration Detention
Center and Criticisms
Undocumented foreigners are held at the immigration detention centers until
they leave the country. These foreigners are detained at the detention center for 10
days, on average, but some are held longer for reasons of applying for refugee
status, disposal of assets, settlement of various contracts and settling affairs, etc.
As of the end of July 2021, there are 55 foreigners detained for 2 months or longer,
among the 394 foreigners detained at Hwaseong and Cheongju Immigration
Detention Centers, and 12 are detained for more than 1 year.11)
11) Yonhap News, “1 in Every 2 Detained Foreigners are Long-Term Detainees ... Concern for Human Rights
Violations,” Oct. 31, 2021.
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