Both the Supreme Court ruling and the 2016 Constitutional Court decision are lawsuits related to the smallness of the living space per capita. The Supreme Court ruled that “if the accommodating space per capita is too small to accommodate daily life, it is an illegal act unless there are special circumstances.” However, it is unclear as to what extent the area is ‘too small to allow for daily life,’ whether it is overcrowded to the extent that it goes beyond the limits of exercising the state’s right to punish and violates the dignity and value of the prisoner as a human being.658) Korea has yet to legally set the minimum accommodation area per person. The standard area of a room in detention facilities in Korea was set at 2.58m2 (0.78 pyeong) or more per person. On Dec. 29, 2014, the Ministry of Justice revised the ‘Standard Rules for Legal Facility’ to expand the standard area to 3.40m2 (excluding toilets, International Red Cross standard), and then revised it to 3.40m2 including toilets on Dec. 29, 2017. On the other hand, Article 82 of the ‘Guidelines for Classification of Accommodation and Transfer and Record’ sets the standard for calculating the capacity of a single room as 2.58m2. These standards are mere rules of the Ministry of Justice and do not have external binding force. The Ministry of Justice announced on Mar. 6, 2022 that the capacity of correctional facilities nationwide was at 101.3%, a significant improvement from 113.8% in the 4Q of 2019. However, the capacity of detention facilities in major cities (Incheon, Daegu, Daejeon, Gwangju, etc.) is still high at 114.4~135.1%. Detention facilities with less than 100% of capacity are detention facilities for female detainees and non-convicted detainees in large cities.659) 658) Looking at the area that the Constitutional Court judged as 'overcrowding beyond the limits of the exercise of the state's right to punish,' the claimant's dignity as a human being is was infringed if a male claimant stayed at 1.49㎡ for 2 days and 16 hours and 1.79㎡ for 6 days and 5 hours, respectively (Constitutional Court, Decided on Dec. 29, 2016, 2013HunMa142). In subsequent cases, when the constitutional complaint was filed, each person was accommodated in a mixed living room with an area of less than 2.58㎡ per person, but after that, if each person was accommodated in a mixed living room with an area of 2.58㎡ or more per person, “this situation has already ended, and the infringement of the basic rights of the complainant is further It was dismissed on the grounds that, since there is no ideal, the subjective interest in protecting rights to seek confirmation of unconstitutionality is not recognized” (Constitutional Court Decided on Dec. 22, 2020, 2020HunMa1576). The court (Busan High Court, Decided on Aug. 31, 2017, 2014Na50975) decided that “It is difficult to see that the defendant has a legal obligation to secure a holding area of 2.58㎡ per prisoner based on the standard rules for legal facilities. The plaintiffs' arguments on other premises are groundless,” and for the following reasons, “if the area of accommodation per person is less than 2㎡, it is reasonable to view that the act of expropriation during that period exceeded the limit of the number of people and was illegal.” 659) On the other hand, even if there is a shortage of detention centers near large cities, there may be overcrowding problems in addition to the problem that treatment according to the classification of accommodation is impossible. 267