Overcrowding has been a problem since the 1970s. The Constitutional Court ruled in 2016
that overcrowding violates human dignity and values. As of Jul. 2022, there are about 209
lawsuits filed for damages against the state in relation to overcrowding,664) and some lower
courts have even acknowledged the illegality.665)
The UN Human Rights Committee and the UN Committee against Torture recommended
the improvement of the physical condition and implementation of specific measures to
comply with the international standards set forth in the Nelson Mandela Rules in their
concluding observations on government reports in 2015 and 2017. The NHRCK also
recommended to improve the issue of overcrowding in detention facilities based on the
results of ex officio investigations in 2013 and 2017, and more than 27 cases of
recommendation for improvements were made over the past three year (2020~2022).
The government assessed that the 2021 implementation status of the 3rd National Action
Plan for the Promotion and Protection of Human Rights for improving the personal restraints
program is underway to resolve the overcrowding in detention facilities.666) The government
has promised to resolve overcrowding at every opportunity on this issue, but there are no
signs of improvement even after a considerable amount of time has passed. As the
considerable period (5~7 years at the latest) urged for improvement by the Constitutional
Court in 2016 has already arrived, it is necessary to establish alternative plans that can be
applied immediately, in terms of budget, organization, and manpower to resolve the issue of
overcrowding of inmates.
664) According to the Naeil Shinmun article on July 26, 2022, “Reduce the number of non-convicted prisoners and
expand parole,” as of July 19, 2022, 209 lawsuits for damages related to overcrowding against the state as
defendants are in progress.
665) In the 2019GaSo32442 judgment sentenced on June 16, 2022, the Jeonju District Court stated, “the defendant
(Korea) is claiming financial problems and various other circumstances, but these are all unreasonable. It is a matter
of the defendant's will" and 'particularly with respect to the financial issue, it is a claim that is completely
unreasonable in light of the size of Korea's GDP,' saying, "The defendant cannot solve the problem of confinement
and overcrowding of prisoners for any reason. There is no justification for not resolving it.”
666) National Human Rights Policy Council, Implementation Status of the 3rd Human Rights NAP, 2021, 2022, p. 2~5.
270
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents