of human rights beyond the nation's right to punish, which damages the human dignity of over
60,000 inmates.
This ex officio investigation highlighted the need for the effort of the courts and prosecution
to realize the principle of trials and investigations without physical restraint to advance the
resolution of the overcrowding issue. The number of detainees over the past five years rose
by 26%, and detained suspects on trial accounted for 35.4% of the total detainees in 2017.
Meanwhile, the total capacity increased by a mere 4%.
As such, we concluded that the substantive resolution of the overcrowding at detention
facilities required the concerted effort of all government agencies, the realization of trials and
investigations without physical restraint by the courts and prosecution, and the change of civil
society's perception towards correctional facilities.
D. Group Care Facilities
Inappropriate Academic Guidance for Children Residing at Childcare
Institutions, Etc.
A student in the third grade of middle school who resided at a childcare institution expressed
his will to go on to a high school famous for its students' performance to the head of the
institution, and the head of the institution forced the student to give up on attending the high
school on the grounds that it was too far from the institution and thus it was difficult for the
institution to look after the student.
The head of the institution argued that it caused too much trouble as the high school was
located too far away, that the student could improve his performance by taking classes at private
educational institutes, and that there was no precedent of sending the institution's children to the
high school.
However, we concluded that the head of the institution failed to provide appropriate academic
counseling to the student and to guarantee the right to freely manifest personality under Article
10 of the Constitution. As such, we recommended on February 28 that the head of the institution
respect the will of students for their academic career planning and offer guidance focused on
their welfare.
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Commission's Major Activities