Home | Databases | WorldLII | Search | Feedback National Human Rights Commission of Korea - Complaint Summaries

Fingerprinting during Custody [2006] KRNHRC 5 (1 January 2006)

Prisoner "Kim" filed a complaint on behalf of victim "Lee," contending that "Lee" was
unfairly denied access to use of money and personal effects kept in custody, as he refused
to give fingerprints. Prisoners in detention centers are required to give fingerprints as
identification each time prisoners wish to receive money or personal belongings.

The Ministry of Justice and "C" Prisons argued that fingerprinting is a simple way
of identifying forgery. The respondents also stated that fingerprinting is currently used
in various application forms and lawsuit documents, and should not be considered an
infringement of human rights.

The Commission concluded that forced fingerprinting may be allowed only when
identification is impossible other than through fingerprinting. Further, the Commission
stated that correctional facilities deny prisoners the right to control personal
information and could conveniently use other means of identification, such as obtaining
signatures. Since detention centers hold the personal information of their inmates,
conducting forced fingerprinting is unnecessary and may amount to violation of a
prisoner's right. The Commission recommended that the Minister of Justice improve
regulations, legal systems and overall practices to allow other methods for
identification, such as obtaining a signature, in the case of use of money or personal
effects kept in custody.