National Human Rights Commission of Korea Annual Report 2017
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(each training ground is about 100 meters long, so to get a range of 145 meters, two training
grounds were needed), which are separated by a six-meter wide passageway used by soldiers.
Not only the regimental commander but also ten or so senior members of the regiment used
their personally-owned bows and arrows (ten or 20) to practice archery over the road.
The Commission concluded that, as a regimental commander of the Army Training Center,
the respondent has the responsibility and mission to safeguard the life and safety of his soldiers
and, as such, has to remove all harms and ensure that his soldiers can be trained under safe
conditions. It also concluded that shooting over a road used by soldiers without taking any
minimum safety measures is an infringement of the soldiers’ right to life, personal security, and
freedom of action specified under Article 10 of the Constitution.
Part 2
C. Detention and protective facilities
The complainant, a prisoner at Jail X, filed a complaint that the respondent did not cover his
handcuffed and tied hands while he was escorted into a district court in 2016, treating him like a
felony criminal and causing great humiliation.
While acknowledging that the court was not structurally designed with a separate passage
to prevent exposure of the complainant to the public, the Commission concluded that the
respondent not taking any measures to cover the complainant’s face and handcuffs because
there was no request to do so is an infringement of the complainant’s personal rights, which is a
basic right specified under Article 10 of the Constitution. The Commission argued that, by social
norm, one can fully anticipate a person’s desire not to expose his/her handcuffed or tied hands
and that this desire could have been met by simply using a mask and towel.
Thus, on 12 May, the Commission recommended the prison governor to establish and
implement measures to prevent a similar public exposure of handcuffed prisoners while they are
being escorted into a court, and to organize human rights education including job training for
prison officers on a regular basis.
Commission's
Major Activities
● Prisoner’s handcuff and rope publicly exposed during transfer into a court