31. With regards to fairness of punishment for inmates, the article 111 of “Administration and Treatment of Correctional Institution Inmates Act” stipulates establishment of disciplinary committee, being comprised at least five but not more than seven members with at least three outside members. However, the outside members are selected among the directors of the competent agencies, which hampers the independence of the members and highly likely leads to arbitrary disciplinary decisions. 32. In addition, the U.N. “Standard Minimum Rules for the Treatment of Prisoners (Nelson Mandela Rules)” prohibits long-term solitary confinement for more than 15 consecutive days (art. 43-1 and 44) whereas the “Administration and Treatment of Correctional Institution Inmates Act” allows forfeiture of rights for up to 30 days and not more than 45 days (art. 108 and 109), which leaves a room for excessive forfeiture of rights exceeding international standards. 33. The NHRCK accordingly recommended total 15 items including eight items related to investigation acceptance and seven items related to punishment, based on the results of the visit to the correctional institution on 16 January 2019. However, the Korean government did not accept six recommendations including: (1) Use a name badge for the Correctional Rapid Patrol Team (CPRT)8 and take human rights training course when being selected as a team member; (2) Wear minimal protective equipment; (3) Separate the investigation room and the punishment room; (4) Provide the information of disciplinary members in advance to guarantee the right of inmates to avoid members, comprise disciplinary committee with over the 8 The CPRT is responsible for maintaining the order of correctional facilities and for supporting safe custody, as well as initial suppression of the emergency in the event that impairs safety and order. 14

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