1. The Purpose and Necessity of the Study

This study aims to look into the overall treatment condition at correctional facilities in Korea, while also assessing their degree of compliance with the international rules in treating juvenile and female prisoners, and based on these observations, suggest plans for improvement.
In order to assess the implementation level of the international standards at correctional facilities in Korea, we analyzed the international standards by specific category of correctional treatment, and then examined the actual condition in Korea based on the same categorization. First, we analyzed the contents and implications of specific provisions in the international standard.
Then secondly, we moved on to examining whether the contents of those particular standards were legislated by the Korean law, while also observing the level at which these legal provisions were being implemented in reality. Based on these examinations, we assessed the implementation of international standards at correctional facilities.
These examinations were followed by our suggestions for improving categories of treatment that are implemented at an inadequate level, with the aim to enhance the implementation level of the international standards at correctional facilities in Korea. Those suggestions include: the most urgent issues at correctional facilities that must be improved and the direction to which the efforts must be made; improvements that need to be made based on the attributes of juvenile and female prisoners; and issues that rise from insufficient of legislation related to prisoner treatment and improvements that can be made.
Based on the results of this study, we anticipate that the current level of treatment at correctional facilities will advance toward meeting the international standards. As can be presumed from the title, the Standard Minimum Rules for the Treatment of Prisoners, which serve as the guideline for international standard in this study, specify the minimum standard for treating prisoners, and it is the minimum level of principles that Korea must abide by in order to make a leap to an advanced country. By being loyal to the Standard Minimum Rules for the Treatment of Prisoners, Korea will be able to progress toward implementing the European Prison Rules, which can be called the advanced model for prisoner treatment. This series of efforts will also provide a foundation for Korea to play a leading role in the Asia Pacific region in the field of criminal justice.

2. Research Methods

In this study, the field of treatment was divided according to the main contents of each category: analysis of the international standards; analysis of the Korean regulations; and examination of the actual situation at correctional facilities. The following are the research methods that were employed.

A. Analysis of the International Standards

First, in order to examine the implement situation of the international standard at correctional facilities in Korea, we selected international standards that serve as criteria and analyzed the contents of each standard. The Standard Minimum Rules for the Treatment of Prisoners were selected as the criteria for analysis. For the treatment of juvenile prisoners, the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Havana Rules) were selected, and for the treatment of female prisoners, the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders (Bangkok Rules) were selected.

B. Analysis of Korean Regulations

The categorization of prisoner treatment used for the international standard analysis was directly applied to categorizing the Korean regulation. The target regulations included laws that contained provisions related to correctional treatment, along with the enforcement ordinance and enforcement regulation of each law.
The analysis was mainly based on the Administration and Treatment of Correctional Institution Prisoners Act (Act No. 10865, Jul. 18, 2011, Partially amended) and the Enforcement Decree of the Administration and Treatment of Correctional Institution Prisoners Act (Presidential Decree No. 25397, Jun. 25, 2014, Partially amended), and the Enforcement Regulations of the Administration and Treatment of Correctional Institution Prisoners Act (Ordinance of the Minister of Justice No 831, Nov. 17, 2014, Partially amended). As the laws related to prisoner treatment are scattered around different laws, we referred to the following laws to analyze them by category: the Enforcement Decree of the National Human Rights Commission Act (Presidential Decree No. 24342, Jan. 28, 2013, Partially amended); the State Public Officials Act (Act No. 12844, Nov. 19, 2014, Amendment of Other Laws); the Public Officials Examinations Act (Presidential Decree No. 25751, Nov. 19, 2014, Amendment of Other Laws); the Regulations on Public Officials Remuneration Act (Presidential Decree No. 25751, Nov. 19, 2014, Amendment of Other Laws); the Regulations on State Public Officials Service (Presidential Decree No. 25751, Nov. 19, 2014, Amendment of Other Laws); the Regulations on Duties of Correctional Officers (Ordinance of the Minister of Justice No. 679, Nov. 9, 2009, Amendment of Other Laws); and the Regulations on Security Night Duties (Presidential Decree No. 25751, Nov. 19, 2014, Amendment of Other Laws).

C. Research Methods for Examining the Reality at Correctional Institutions

As part of understanding the actual implementation of the international standards, we examined the reality at correctional institutions, mainly using the following four methods: written survey of correctional institutions; analysis of established rules and directives given by the Ministry of Justice regarding the prisoner treatment; application of references from preceded survey; and analysis of precedents for human rights abuse at detention facilities by the National Human Rights Commission.

3. Implications and Characteristics of the International Standards

A. Implications and Characteristics of the Standard Minimum Rules for the Treatment of Prisoners

The Standard Minimum Rules for the Treatment of Prisoners (hereinafter referred as “the Standard Minimum Rules”) were adopted in 1955 by the First United Nations Congress on the Prevention of Crime and the Treatment of Offenders (hereinafter referred as “Congress on the Prevention of Crime”), and were approved by the Economic and Social Council in 1957, thereby becoming an international standard in reality and in name. Each country has strove to meet the Standard Minimum Rules, and these rules have served as an important guideline for treatment of prisoners. They have no legal force since they were selected by the Economic and Social Council as a recommendation.

B. Implications and Characteristics of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty
(“Havana Rules”)

The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (“Havana Rules”) were legislated in September 1990 by the Eighth United Nations Congress on the Prevention of Crime and the Treatment of Offenders and were approved on December 14 of the same year by the United Nations General Assembly. They serve as an international standard for treatment of juvenile prisoners, and are also called the Havana Rules.

C. Implications and Characteristics of the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders (“Bangkok Rules”)

The United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders have not been approved by the United Nations General Assembly and do not yet have the status as an international standard. They provide, however, a standard for assessing the treatment of female prisoners as they declare the importance of establishing gender equality in the standard and principles for treatment of female prisoners and offenders.

4. Assessment of Implementation of the International Standards at Correctional Institutions

This section is dedicated to assessing the level of implementation of the international standards. The level of implementation was divided into four levels: “good” indicates that over 80% of the corresponding international standard is being implemented; “mostly fulfilled” indicates that over 60% and under 80% of the standard is being implemented; “insufficient” indicates that the implementation level is over 30% and under 60%; and “poor” indicates that the implementation level is under 30%.

A. Assessment of Implementation of Provisions Related to “Accommodation” in the Standard Minimum Rules

Based on specific provisions on accommodation stated by the Standard Minimum Rules, most of them are being fulfilled in Korea except for 3 rules including “accommodated region,” “input of workforce from the outside,” and “prohibition on involvement of prisoners in deciding punishment.”
Also, apart from Korea’s legal situation, if we look into how the international standard is being actually implemented at correctional institutions, most of the provisions stated by the Standard Minimum Rules are being well implemented except for 5 provisions among 21 specific items related to “accommodation”: 11 provisions (“accommodated region,” “separation of prisoners by legal status,” “separation of prisoners by gender,” “registration,” “examination,” “procedure for exercising legal force,” “use of arms,” “discipline,” “punishment process,” “restrictions on punishment,” “prohibition on involvement of prisoners”) indicated that the level of implementation of the Standard Minimum Rules was “good”; room for improvement, however, was found from 3 provisions (“separation of prisoners by age,” “separation of prisoners by dangerousness,” “protective gear”) as they were rated “mostly fulfilled.”

B. Assessment of Implementation of Provisions Related to “Basic Livelihood of Prisoners” in the Standard Minimum Rules

The provisions on “basic livelihood of prisoners” specify the basic principles of the prisoners’ livelihood (principles of dignity and normality), spaces for living and work, food, clothing and bedding, personal hygiene and medical services, and exercise and sport. If we look into Korea’s current legislative system and actual implementation of these provisions in the Standard Minimum Rules, prisoners are well provided with food, clothing, and shelter except for medical services.
Also, the examination results regarding the above provisions, the implementation level of 10 provisions out of total 21 provisions was rated “good,” while 4 provisions were rated “mostly fulfilled” and the other 4 “insufficient.” The remaining 3 provisions were excluded because they were deemed inadequate for examining the actual conditions at correctional institutions.
Articles that were “mostly fulfilled” included “toilet (sanitary installations),” “medical officer’s role - diagnosis and treatment of prisoners,” “medical officer’s role - management of hygiene,” and “medical services - report on prisoners’ condition.” Provisions that were “insufficient” included “types of cell,” “spaces and facilities,” “bedding,” and “bathing and shower.”

C. Assessment of Implementation of Provisions Related to “Treatment of Convicted Prisoners” in the Standard Minimum Rules

The implementation of international standards for “treatment of convicted prisoners” was categorized and assessed by specific provisions such as “purpose and manner of treatment,” “prison labor,” “education and religion,” and “preparation for release.” The result indicted that the overall Korean regulations related to these provisions were being well observed. No regulation, however, has been established in Korea to prescribe that the prison labor resembles the occupations outside institutions. Also, Korean regulations on specific provisions including “treatment for rehabilitation,” “nature of the prison labor,” “prohibited issues in assigning prison labor,” “remuneration for prison labor,” “after-care treatment,” “social adjustment programs” were rated “mostly fulfilled,” showing room for improvement.
The overall result of the examination on the reality of “treatment of convicted prisoners” indicated that out of 17 specific provisions (4 provisions were excluded from examination), 10 provisions were assessed to be “good,” while 5 were “mostly fulfilled” and 2 were “insufficient.” Among provisions on “treatment of convicted prisoners,” the ones that were rated “good” included “contents of prison labor - practicality,” “contents of prison labor - resemblance,” “prison labor suitable for the convicted prisoner,” “workload and labor time,” “operation and management of prison labor,” “education,” “religion,” “access to newspaper and media,” “establishment of a library,” and “communication with the family.” Provisions that were “mostly fulfilled” included “classification of convicted prisoners,” “individual treatment,” “remuneration for prison labor,” “protection of convicted prisoners during prison labor,” and “after-care treatment,” while “social adjustment program” and “rehabilitation protection” were rated “insufficient.” In fact, “classification of convicted prisoner,” “individual treatment,” “remuneration for prison labor,” “after-care treatment” are specified by the law, and they follow the Standard Minimum Rules at an institutional level on the whole, but practical contents have not been expanded, which is the reason that they were rated “mostly fulfilled.”

D. Assessment of Implementation of Provisions Related to “Guarantee of the Rights of Prisoners and Supervision of Correctional Facilities”

Guarantee of the rights of prisoners and supervision of correction facilities are closely connected with basic human rights, which is the reason that they are highlighted by the Standard Minimum Rules. Looking into the implementation level in Korea of the international standard for “guarantee of the rights of prisoners and supervision of correctional facilities,” most of the specific provisions are in good compliance with the Standard Minimum Rules, while there are no related regulations regarding 2 provisions (“status of the prisoner” and “protective measure for transferring prisoners”). These 2 provisions have not been stated by the law, but it was noticed that they were generally being well observed at correctional institutions. There is no Korean legislation that directly regulates the provisions on “status of prisoners,” but the Administration and Treatment of Correctional Institution Prisoners Act contains provisions that specifically regulate the contents that must be informed about the prisoners, which de facto guarantees the status of the prisoners. While “protective measure for transferring prisoners” is not regulated by the law, it was examined that each correctional institution was putting various efforts into protecting prisoners when these situations occur, and their implementation level was rated “mostly fulfilled.”
The examination results of the actual implementation of “guarantee of the prisoners and supervision of correctional facilities” revealed that among 13 specific provisions, 3 provisions were excluded, and the remaining 10 provisions were rated “mostly fulfilled” in observing the Standard Minimum Rules. Among the 10 provisions, 8 provisions (“notification of the rights,” “prisoners’ right to communicate with the outside world - notification of admission and transfer,” “notification of death, illness, or serious injury,” “notification about prisoners,” and “retention of prisoners’ property”) were rated “good” and 2 provisions (“protective measures for transferring prisoners” and “inspection”) were rated “mostly fulfilled.”

E. Assessment of Implementation of Provisions Related to “Managing Untried Prisoners and Minority Prisoners”

In regard to the treatment of untried prisoners, Korean regulations apply the term “prisoner” to both untried and convicted prisoners. Treatment issues that are applied to only untried prisoners are regulated separately.
Korean regulations are generally good in following the specific provisions in the Standard Minimum Rules in regard to the treatment of untried prisoners. However, no separate regulations have been established for food and supplying commodities for the untried. Presumption of innocence (Article 27 of the Constitutions) and the right to assistance of counsel (clause 4, Article 12 of the Constitutions) for the untried are specified by the Constitution. Also, the characteristics of the untried prisoners are reflected in their treatment such as separation from the convicted, different clothing for the untried, permission to be treated by a doctor from the outside, assignment of prison labor for seekers, and number of visits. However, there are no separate regulation for food and supply of commodities. The same standard for convicted prisoners are applied to untried prisoners as well.
In regard to minority prisoners, Korean regulations state that those with mental abnormality can be removed to mental institutions and be treated by a psychiatrist, but there is no regulation related to treatment of prisoners with mental abnormality and specialized institutions. For prisoners with foreign nationals, there are regulations stating that they shall be treated according to their language and cultural backgrounds, while also specifying that exclusive correctional institutions be established to implement rehabilitation programs suitable for prisoners with foreign nationals and that personnel be assigned to conduct individual face-to-face talk, provide interpretation and translation, and contact relevant organizations such as diplomatic offices or consulates. However, no regulation has been established to directly specify the contents related to “notification of rules” or “contact with a consul.”
Based on the examination on actual treatment, we looked into the level of implementation of “managing the untried prisoners and minority prisoners.”
Most of the 16 specific provisions (4 articles were excluded from examination) were generally in good compliance with the international standards, except for a few provisions that were rated insufficient. The 9 provisions that were rated “good” included “separation of categories,” “food,” “clothing,” “medical services,” “prison labor,” “purchase of commodities,” “communication with and visits of the family,” and “the right to assistance of counsel.” One provisions (“prisoners with mental abnormality”) was rated “mostly fulfilled,” and 2 provisions (“cells” and “respect for religion and culture of foreigner prisoner”) were rated “insufficient.”

F. Assessment of Implementation of Provisions Related to “Workers and Organization of Correctional Institutions”

If we look into the implementation of specific provisions in the Standard Minimum Rules in regard to “workers and organization of correctional institutions,” Korean regulation meet the criteria of the Standard Minimum Rules for all provisions except for that related to the director of the institutions. While Korean regulation is missing the provision that directly specifies the qualification of the director, corresponding regulations can be found in the State Public Officials Act, from provisions on selecting correctional officers.
In regard to correctional officers, Korean regulations rely not on treatment-related regulations, but on the laws including the State Public Officials Act and the Regulations on Public Officials Remuneration Act to regulate their selection, treatment, remuneration, and welfare, just as those laws are applied to other public officials. Also, Article 10 of the Administration and Treatment of Correctional Institution Inmates Act states that “Matters concerning the duties of correctional officers, in addition to those provided for in this Act, shall be determined separately by another Act,” referring to the Ordinance of the Minister of Justice that regulates the officers’ duties by the Rules of Prison Officers Duties and Guideline on Safe Custody Duties.
Looking into the actual implementation level of the Standard Minimum Rules for “workers and organization of correctional institutions,” among 9 specific provisions for examination, 7 were rated “good,” while the remaining 2 were rated “mostly fulfilled” and “insufficient,” respectively. The “good” provisions included “director of the institutions” for the part of organization, and 6 provisions for the part of workers (“criteria of officer selection,” “types of duties and status,” “remuneration, welfare, and working conditions,” “contents of training in duties,” “mission and action guide for correctional officers,” and “organization of the officers”). The provisions that were rated “mostly fulfilled” included “new education and continued education.” While the legal provisions and programs for new education and continued education are well-organized, many problems related to correctional officers have occurred at the actual correctional institutions, which was why the provisions was rated “mostly fulfilled.” Also, “the number of accommodated person in a correctional institution” was rated “insufficient” because over 60% of the correctional institutions in Korea accommodated over 500 prisoners.

G. Assessment of Implementation of Provisions Related to the Treatment of Juvenile Prisoners

Relevant Korean regulations were assessed based on the United Nations Rules for the Protection of Juveniles Deprived of their Liberty. Even when the particular Korean regulation corresponding to the international standard did not specify that the regulation targeted juvenile prisoners, the regulation was rated “good” if it was deemed as being applied to juvenile prisoners. Among the results of 25 examined provisions, 15 were rated “good,” six were rated “mostly good,” and 4 were rated “insufficient.” There were no “poor” provisions.
Some provisions were rated “mostly fulfilled,” indicating that they fall short of the international standards, and they were provisions that reflect special consideration for juvenile prisoners but have not been specified or regulated by the Korean law. They include “physical environment,” “mental health care,” “inspection by external organizations,” “professional capacity of the officers,” “qualification of the director of the institution,” and “attitudes of the officers.” The provisions that were rated “insufficient” included “size of the juvenile correctional institution,” “protective gear and limitation of legal force,” “punishment procedure,” and “return to society.”
According to the examination on the reality of juvenile prisoner treatment, 13 provisions were rated “good,” 8 provisions “mostly fulfilled,” and 4 provisions “insufficient.” “Mostly fulfilled” provisions included “separation from adult prisoners,” “physical environment,” “exercise and entertainment,” “medical services,” “mental health care,” “inspection by external parties,” “qualification of the director and attitudes of the officers.” The provisions with “poor” level of implementing the international standards included “protective gear and limitation of legal force,” “punishment procedure,” “return to society,” and “professional capacity of the officers.”
All in all, by the criteria of the international standards, Korean regulation and reality are “mostly fulfilled” in terms of the treatment of juvenile prisoners. While some provisions were “mostly fulfilled” and “insufficient,” the administration laws contain provisions that specify considerations for treatment of juvenile prisoners, and a guideline has been established for operating juvenile correctional facilities, all of which serve the basis for drawing positive conclusion and assessment.

H. Assessment of Implementation of Provisions Related to the Treatment of Female Prisoners

Korean regulations and the actual treatment of female prisoners in Korean correctional facilities have been assessed based on the United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders. The results of the examination of the Korean regulations showed that 5 provisions were “good,” 9 were “mostly fulfilled,” 2 were “insufficient,” and 3 were “poor.” “Good” provisions included “personal hygiene,” “medical screening on entry,” “gender-specific health care,” “preventive health care services” and “pregnant women and mothers with children in prison.” “Mostly fulfilled” provisions included “medical examination,” “disciplinary segregation,” “drug abuse treatment program,” “suicide and self-harm prevention,” “organization of external observer group,” “additional support,” and “regulations on juvenile female prisoners,” “Poor” provisions included “transfer,” “instruments of restraint,” “assessment and classification,” and “pre-release reintegration programs.”
The assessment of implementing the international standards for the treatment of female prisoners was about the same level with the implementation of Korean regulations. There were few cases in which provisions were implemented at actual correctional institutions without any legal basis, which indicated that the actual decisions at correctional institutions were determined by Korean regulations.
All in all, when we assessed the treatment of female prisoners in Korea based on the international standards, there was considerable room for improvement in both legal and practical terms. The United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders were established in 2010, and since it would take some time for each country to reflect the rules into reorganizing their respective regulations, we can anticipate that Korean regulations will advance toward a positive direction and develop special provisions on the treatment of female prisoners. A considerable part of female prisoners’ particular needs, such as pregnancy, childbirth, and gender-specific medical services have been counted in current laws. From here on, more legislation will have to be established to include provisions related to mental health care and drug addiction.

5. Plans for Improving the Implementation of the International Standards at Correctional Institutions

A. Plans for Improving Major Categories of Prisoner Treatment

Among various categories of treatment in Korea, the category with the lowest level of implementation of the Standard Minimum Rules was “problems of the institutions itself and facilities in the institutions,” followed by “treatment for the convicted prisoners’ return to society,” then by “training officers on human rights and duties,” “medical treatment of prisoners,” “inspection and protection of prisoners during prison labor.” In regard to solving these problems, we suggest specific plans for improvement as the following:

1) Renovation of the Institutions and Facilities

Problems related to the number of accommodated people, types of cell, spaces, toilet and bathroom will mostly be solved by renovating the institutions and facilities. The most urgent tasks include 1) reducing the size of correctional institutions and the number of accommodated people, 2) expansion of single cells and enough spaces, and 3) renovation of decrepit facilities such as toilet and bathroom.

2) Reinforcement of Treatment to Support Convicted Prisoners’ Return to Society

In reinforcing the treatment for supporting convicted prisoner’s return to society, the most urgent tasks include 1) reinforcement of the classification of convicted prisoners and individual treatment, 2) expansion and reinforcement of mid-level treatment institutions, and 3) reinforcement of rehabilitation protection.
The classification and individual treatment of convicted prisoners are rather solidly established by the current regulations, but they do not work effectively in the reality at the correctional institutions. Most of all, individual treatment of convicted prisoners require adequate correctional institutions and treatment programs, but the current situation in Korea is different. Those programs cannot be carried out efficiently because most of the correctional institutions in Korea are large-scale with more than 1,000 people accommodated. Classification of convicted prisoners, individual treatment, reduction of the correctional institution’s size, and diversification of treatment programs are all closely related and interactive, which indicates that they are the key issues in improving prisoner treatment in Korea.
Also, in order to support the convicted prisoners’ return to society, “mid-level treatment institution in local community” must be expanded and serve as a bridge between the correctional institutions and society. “Mid-level treatment system” has been considered the most desirable program for the convicted prisoners’ return to society, as it is built based on the harmony between treatment in the institution and treatment in the society, ultimately extending the institutional-level treatment to a social context.

3) Reinforcement of Correctional Officers’ Training on Human Rights and Duties

Currently at the correctional institutions, new and continuing educational programs are relatively well-organized. But among cases of prisoners’ complaint and petition, many problems rise from the correctional officers’ performance of duties. Therefore it is important that the education for correctional officers be reinforced to solve this problem.
Among the reasons for prisoners’ complaints, “discontent with the officer (disobedience in various rehabilitation programs including visit, writing, release, and education) recorded a high rate at 16.8% (180 cases), while “unfair treatment (violent language, delinquency of duties, negligence, and cruel treatment) recorded 15.1% (162 cases). In many judicial precedents by the National Human Rights Commission of Korea for prisoners’ petition cases, the Commission often advises to conduct training on human rights and duties for correctional officers.
As it can be noticed from the provisions related to training on duties for the correctional officers in the European Prison Rules, the rules state that all correctional officers must be trained on the international standards for prisoner treatment in addition to the physical education specified by the Standard Minimum Rules, and the rules also require the correctional officers who handle special prisoners (foreigner, female, juvenile, and mental disease prisoners) to receive a separate education for their duties. As such, in order to improve prisoner treatment in Korea, specialized training and education must be developed to meet the needs of prisoners under various context.

4) Advancement of Medical Services

The contents for advancing the medical services mainly evolve around 1) reinforcing the medical officer’s role and 2) reinforcing the medical care for mental disease prisoners and adequate treatment.
The Standard Minimum Rules divide the medical officer’s roles into three parts of “diagnosis and treatment for prisoners” (role as a doctor), “maintenance of hygiene” (role as a health and sanitation manager),” and “report on prisoners’ health condition” (role as an adviser), but in actual prisoner treatment in Korea, “maintenance of hygiene” (role as a health and sanitation manager)” and “report on the prisoner’s health condition” (role as an adviser) have not been emphasized as they have been in the international standards, therefore require further improvement. As the medical treatment for prisoners is required under various circumstances and context, it is imperative that correctional institutions be equipped with proper medical service systems along with strengthening the officers’ awareness for the role as a doctor for prisoners and measures to deal with emergencies that rise from various groups of patients.
Recently, the increasing number of mental disease prisoners has been posing a new challenge in medical treatment for prisoners. As in the society, where the number of mental patients is increasing and their treatment is rising as a new issue, the increasing numbers of mental health workforce and mental patients in correctional institutions have been noticeable. For this matter, the authority set out with a plan to operate at least one mental health care center in each local correctional agency, and currently there are a total of three mental health care centers in operation. However, they are still in a trial stage, and its effectiveness needs to be supervised and uated from various aspects. A thorough follow-up inspection must be carried out in selecting the target for treatment and for the contents of programs, professional capacity of the program operators, and the needs and satisfaction of the target prisoners.

5) Inspection on the Correctional Institutions and Protection of the Convicted in Prison Labor

Currently, all correctional institutions are periodically inspected by local correctional agencies, therefore internal inspection is performed smoothly, but there are certain limits since they are not being inspected by an independent organization. It is difficult to improve chronic practices and customs through internal inspections, and this is the reason that it is important to develop sound and advanced correctional policies by adding external inspection.
Also, the environment for prison labor at correctional institutions is poor compared with normal work environment in the society, and this indicates that prisoners are more exposed to risks such as industrial accidents. This must also be improved so that the level of protecting the convicted prisoners is about the same of that in the society.

B. Plans for Improving the Treatment of Prisoners by their Characteristics

1) Plans for Improving the Treatment for Juvenile Prisoners

As the result of examination of Korea’s current legislation and practice at the correctional institutions, based on the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the overall regulations and practices for juvenile prisoners have been rated good. It seems particularly highly commendable that “Guideline for Accommodation and Management of Juvenile Correctional Institutions” was established to specify matters and procedures for juvenile prisoners. This section is dedicated to proposing improvement plans for Korean regulations and the actual prisoner treatment based on the specific provisions of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty.
In regard to “accommodation” at juvenile correctional institutions, improvements must be made in 1) separation from adults prisoners and 2) protective gear and restriction of legal force. In regard to “basic livelihood,” improvement must be made in 1) physical environment and 2) medical services and rehabilitation education on drug abuse. In regard to “return to society,” the after-care system for juvenile prisoners without family or friends needs to be more diversified on a more practical basis. In regard to “protection of rights,” civic groups must participate and engage in inspection of correctional institutions. Lastly, in regard to “correctional officers,” improvements need to be made in 1) professional capacity of the officers and 2) the officers’ attitude toward juvenile prisoners. For the officers, reinforced training must be carried out on child psychology, child welfare, and international human rights standard, as well as establishing specific regulations on their pledging and promises for treating juvenile prisoners.

2) Plans for Improving the Treatment of Female Prisoners

The United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders were legislated in 2010, based on research results on the characteristics of women offenders, their needs, and treatment that were accumulated until then. The core contents of the treatment of female offenders were closely related to their need for mental health care, medical services, pregnancy, childbirth, and childrearing.
Korea’s current legislation on treating female prisoners includes provisions on gender-specific medical needs and special treatment for pregnant prisoner and prisoners with child, therefore it seems to be on a good level based on the international standards. However, continuous efforts and attention need to be put into several tasks that fall short of the international standard in actual treatment of prisoner.
In regard to “accommodation” for female prisoners, improvements are required for 1) transfer and 2) assessment and classification. Also, female correctional institutions - only one facility is established in Korea - must be expanded so that female prisoners will be located near their home. Also, in order to incorporate gender perspective in assessing and classifying female prisoners, examinations need to be made on whether current measurements for assessment and classification are valid and what differences there are between male and female prisoners, and a discussion must be carried out on the necessity of establishing a separate classification measurement.
Female prisoners’ “basic livelihood” includes personal hygiene, health inspection, gender-specific medical needs, mental health care, drug abuse treatment, prevention of suicide and self-harm, and preventive medical service.
Among these, mental health care, drug abuse treatment, and prevention of suicide and self-harm require aggressive action for policymaking.
In regard to “return to society” of female prisoners, the importance of family visit -particularly by her children -needs to be taken into account. Particularly, with only one female correctional institution existing, it is also important to address the disadvantage that female prisoners might experience from being located far away from her home.
In addition, improvements must be made for “external organization’s inspection of female correctional institutions” and “correctional workforce and training.” To understand the gender-specific terms for female prisoners to return to society and reflect them into strategies and policies, female officers must be given the equal opportunities with male officers to take the main positions in the organization. Also, education must be reinforced on gender equality, prevention of sexual violence, prevention of sexual harassment, human rights of female prisoners, and international standards.
Lastly, it is very important to pay attention to and consider juvenile prisoners in their teens. As of October 2014, it was confirmed that a total of 6 juvenile prisoners are accommodated nationwide, and it is required that they receive enough attention and be treated from a gender and age perspective.

C. Plans for Improving Insufficient Contents in Korean Legislation

1) Plans for Improving Insufficient Contents in Korean Legislation for Implementation of the Standard Minimum Rules

Provisions that are insufficient in terms of implementing the Standard Minimum Rules include 1) treatment of untried prisoners, 2) specific regulation for specialties of and education for correctional officers, 3) protection of prisoners’ rights and inspection, 4) improvement of legislation for enhancing the quality of medical treatment for prisoners, 5) commitment of external workforce in case of emergencies at the correctional institution, and 6) specific provisions on treatment of foreigner prisoners. A discussion must be conducted to decide on the legislation and regulations that will improve these issues.

2) Plans for Improving Insufficient Contents in Korean Legislation for Treatment of Juvenile and Female Prisoners

In uating the treatment of juvenile prisoners, based on the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, there were no “poor” provisions in Korean regulation, while the provisions related to the size of juvenile correction institutions, restriction of protective gear and legal force, mental health care, return to society, inspection by external organizations, professional capacity of officers, qualification of the director of the institutions, and attitude of the officers were rated “insufficient.” These issues must be considered for legislating new regulations.
In uating treatment of female prisoners, based on the United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders, some provisions were rated “poor” including: transfer to an institution close to female prisoners’ home; prohibition on using instruments of restraints; classification and development of assessment measures based on gender perspective. Mental health care, officer training, and officers’ professional capacity were rated “insufficient.” All these provisions need to be considered for developing adequate legislation.
Another way to improve the treatment for female prisoners might include bringing together the relevant legislations that are scattered around many different laws and adding contents suggested by the international standard, and then temporarily issue a “Guideline for the Treatment of Female Prisoners,” similarly to “Guideline for Accommodation and Management of Juvenile Correctional Institutions.”