domestic laws3. Given that interpretation, the Committee’s recommendation on “including mental torture in the acts of cruelty” can be regarded as a minor issue. 11. Provided, that as the article 125 of Criminal Act stipulates a perpetrator as “a person who, in performing or assisting in activities concerning judgment, prosecution, police or other functions involving the restraint of the human body”, it is not clear whether prison officers conducting duties of safe custody and protection in correctional institutions are included 4 , and even during working hours, it is difficult to include assaults or cruel acts caused by personal feelings without being related to the duty. Considering that there are still gaps in the definition and scope of perpetrator as aforementioned, the definition of torture in article 1 of the Convention needs to be applied more explicitly to the Criminal Act to eliminate blind spots of legal application. Questions 12. Please define your position on amendment of relevant laws such as “Criminal Act” to clearly include the definition of torture stipulated in article 1 of the Convention and extend the definition and scope of perpetrator. be punished by imprisonment for not more than seven years. 3 Hong Kwan Pyo, “Criminalization of Torture under the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment of Punishment”, 2018 4 About this issue, a high court ruled as follows: [Gwangu High Court Decision 92Cho43 Decided November 21, 1992] “Prison guards…… cannot be considered as falling into any category of special public officers stipulated in Article 125 of Criminal Act, unless they deal with screening crimes or assisting screening. Assault or cruel act against convicted prisoners cannot be dictated by Article 125 of Criminal Act”. 7