B) Overcrowding as a Limitation of Exercising the Right to Punish and Violating Human Dignity and Values Article 10 of the Constitution states that “all citizens shall be assured of human worth and dignity and have the right to pursuit of happiness. It shall be the duty of the State to confirm and guarantee the fundamental and inviolable human rights of individuals.” Article 7 of the ICCPR, which Korea is a party to and has domestic legal effect, stipulates that no one shall be subjected to torture or to cruel, inhumane or degrading treatment or punishment. Such inhumane treatment is defined as ‘torture’ (means intentional infliction of extreme physical or mental suffering on an individual) in Article 1 of the Convention against Torture and Other Cruel, Inhumane or Degrading Treatment or Punishment (Convention against Torture) to which Korea is a signatory, and therefore, Korea, as a signatory, must take effective legislative, administrative, judicial or other measures to prevent it pursuant to Article 2(1). Overcrowding in detention facilities660) causes greater anger, frustration, and tension to inmates, makes it inevitable to have unwanted interpersonal relationships, creates a stressful situation, and adversely affects correctional work, as shown by many studies in Korea and overseas. Psychological changes of detainees due to overcrowding increase detention stress, and consequently, detainees' aggression tendencies increase, and interpersonal phobia, self-escape, indifference, and boredom may increase. As a result, endless correctional accidents may occur, such as mutual assault between prisoners, assault by prison guards by prisoners, or suicide by prisoners. In other words, the researchers who study overcrowding commonly point out that confining an inmate in a space where human dignity is lost for a long time destroys a person’s personality, and it has serious consequences on fellow inmates and prison guards. The state's right to punish is a retribution for harm, but the means and degree of punishment must be exercised based on human dignity. However, overcrowding causes more anger, frustration, and tension in inmates and creates a stressful situation, which can have negative effect. Cruel and inhumane treatment does not conform to international 660) Here, it means the narrowness of the ‘accommodating living area per person.’ 268