standards or domestic standards that stipulate facilities such as adequate space for healthy living. Moreover, detaining people in a space where a fixed space is not secured has exceeded the limits of the exercise of the state’s right to punish. It is worrisome that there are still detention facilities at 130% of capacity, given that 2.58m2 or 3.40m2, is not considered large as compared to international standards.661) C) The Need to Solve Overcrowding The causes of overcrowding in detention facilities are complex, and sympathy and efforts from the whole society, including various government institutions, are required for a resolution. Overcrowding occurs when the number of detained persons exceeds the capacity, and this is due to the high pretrial acceptance rate compared to developed countries,662) the passive operation of the parole system, and difficulties in building new detention facilities due to the NIMBY phenomenon.663) Therefore, in order to resolve overcrowding, it is necessary to reduce the number of inmates or increase the number of people on parole, build or expand new detention facilities, and specifically expand pretrial and female confinement buildings in the process of securing space. In other words, the parties involved in the policy to resolve overcrowding are the prosecution, the courts, the Ministry of Justice, the Ministry of Economy and Finance, the Ministry of the Interior and Safety, the National Assembly, local governments and local residents. All of parties involved have expressed sympathy that overcrowding violates the basic human rights of the inmates and must be improved. However, as many actors are involved and the responsibility for overcrowding is dispersed, it is important for the government to have a will to resolve the issue of overcrowding on its own initiative. 661) Looking at overseas examples of the minimum standard area per prisoner, in the case of solitary confinement, 'area necessary for individual health' according to the UN minimum standard for detainees, 5.40㎡ for the International Red Cross, 7㎡ for the European Convention against Torture, 5.57㎡ for the United States (federal facility), 6~7㎡ for Germany, and Japan suggests 10㎡ as the minimum standard area. The confinement area per prisoner in a correctional facility will inevitably be influenced by the social and economic conditions of each country and the physical condition of the prisoner, but in light of the fact that it is the most basic environment for human life, the above international case applies to Korea as well. 662) Non-convicted prisoners, which are the main cause of overcrowding in large cities, account for 33.8% of the total prison population as of April 2021. Korea's pending acceptance rate is about 10% higher than the average of OECD member countries. 663) Kim, In-yu, 〈Relocating Anyang Prison, an old local issue under controversy again〉, 《Yonhap News》, Sep. 28, 2022. 269