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Recommended Reversal of Cancellation of Release on Parole by Social Protection Committee [2004] KRNHRC 28 (1 January 2004)

A complaint was filed stating that the cancellation of releases on parole for those who
committed second crimes under protective supervision were released on the expiration of
the period of prison terms and that suspensions of sentences was wrongful.
The current law stipulates that when a person under protective supervision is arrested for
a second crime, the person must be removed from protective supervision and imprisoned at
a protective prison. Complainants were suddenly imprisoned in a protective prison even
though they were living normal lives one year after they had served their full prison
sentences or were sentenced to probation for the second crime.

The Commission concluded that even if the decision on cancellation of release on parole
for the complainants was a rightful act in accordance with related laws, cancellation of
release on parole was deemed too long since the date when the cancellation decision was
made, and accordingly the efforts of the complainants to restore their legal status and return
to society after expiration of their prison terms or probation were excessively restricted.
The Commission made recommendations to the Minister of Justice that measures to
revise the action on the cancellation of release on parole be established and implemented so
that the Social Protection Committee will make decisions on cancellation of release on
parole quickly (within two months from the date of sentencing on second crimes).