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Recommended Revision of Regulations on Punishment for Abuse of Authority to Punish in Detention Facilities [2003] KRNHRC 21 (1 January 2003)

A petition was filed with the Commission that states it is an infringement of
basic rights and abuse of a prison officer's authority to punish an inmate because
he/she did not observe morning roll call and instead was using the toilet and
washing up.

After investigation, the Commission found that provisions concerning the
scope of acts subject to punishment were overly comprehensive and restrictive
to the everyday life of inmates to an excessive degree. Accordingly, a
recommendation was made to the Justice Minister, the head of the supervising
organ of respondents, that
(1) punishment be administered only for those acts clearly in violation of safety
and maintenance of law and order in the prison, that
(2) basic rights of inmates such as interviews, forwarding and receiving
letters, writing letters be observed, that
(3) physical exercise as the punishment for the said complainant be considered
violations of basic rights of inmates, and that
(4) standards for disciplinary measures on violations of rules be eased.
Organization of a disciplinary committee is also recommended so that objectivity
and fairness of punishment is ensured.