to supply warm water in extreme cold weather; and increase inmates’ outdoor exercise time
to meet international standards.78 It also recommended the Minister of Planning and Finance
to allocate sufficient medical budgets for correctional facilities including budgets for
increasing medical staff, with the aim to ensure inmates’ right to access medical care, right to
health, and right to an adequate standard of living.79
78. Proposed recommendation: The State party should endeavor to improve detention
conditions by addressing overcrowding; improving the protection of human rights of inmates
during interrogation and disciplinary procedures; increasing medical human resources and
relevant budgets in correctional institutions; and enhancing the detention environment to
ensure inmates’ right to health.
Issue 17. Right to Counsel
79. Article 243-2 (1) of the Criminal Procedure Act,80 newly established in 2007, basically
guarantees defense counsel’s participation in the interrogation of a suspect whereas it restricts
his/her participation only when there is good cause.81 However, the specifics of “good cause”
sufficient to restrict the participation of counsel are not set forth in the Regulations on
Cooperation between Prosecutors and Judicial Police Officers and General Interrogation
Rules (Presidential Decree No. 31089), entrusted by the Criminal Procedure Act. Instead,
lower regulations, such as the Public Prosecutors’ Office Rules (the Ministry of Justice
Ordinance) and the Police Interrogation Rules (the Ministry of the Interior and Safety
Ordinance), and the Operational Guidelines on Participation of Counsel in Interrogations
and Investigations (the established rules of the Supreme Prosecutors’ Office), prescribe
broader grounds for restricting the participation of counsel, such as destruction of evidence,
hindrance of interrogations, leakage of investigative confidential information, as well as
inducing specific responses or reversal of statements, recording interrogations with video,
audio or electronic devices, etc.82
80. North Korean defectors who enter into the Republic of Korea are admitted to the North
Korean Defector Protection Center immediately upon arrival for up to 90 days.83 Some
NGOs point out that such admission amounts to de facto detention. They are of the view that
the right to counsel for defectors at the North Korean Defector Protection Center must be
completely observed, based on Constitutional Court precedents84 that affirmed the right to
counsel even in the case of administrative detention.
81. Proposed recommendation: The State party should stipulate the specific grounds for
restricting the participation of defense counsel in relevant laws, such as the Criminal
Procedure Act, in order to ensure that the right to counsel is practically observed in the
interrogation of a suspect and is not arbitrarily or excessively restricted.85
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