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Recommended Revision of Regulations on Forwarding and Receiving [2003] KRNHRC 20 (1 January 2003)

Letters concerning Handling of Letters for which Forwarding is Denied
A complaint was filed claiming that
(1) the destruction of a letter, which had been submitted by the complainant
and denied forwarding and for which the complainant was notified of said
destruction on the ground that the letter was `inappropriate for educational purposes,'
was excessively arbitrary and discriminatory, and
(2) even if forwarding of the letter was denied, it should have been returned
to the complainant after confirming the fact of denial of forwarding with the
complainant, and
(3) that it was unjust to destroy the letter.
After investigation, the Commission made a recommendation to the Minister
of Justice on the revision of Paragraph 3, Article 62 of the Enforcement Decree
of the Criminal Administration Act, which contradicts with the superceding
Criminal Administration Act, stating that a letter denied forwarding should be
delivered to the writer at the time of release from prison after keeping it for
a specific period of time, and the Commission found it desirable to clarify
related provisions to prevent the possibility of arbitrary interpretation or
judgment on the reasons for denying forwarding of letters in the future.
The Commission recommended that all provisions on forwarding and
receiving letters be revised such that the communication rights of inmates can
be fully protected.