The purpose of this study is to make a systematic approach toward international rules for corrections established in international society and to analyze and examine them as the standards for uating the current status of corrections in Korea.
This study is mainly based on literature research as survey research is not necessarily required for analyzing and examining international rules for corrections. Also, interviews and meetings with experts were conducted in order to hear the opinions regarding selecting international rules for the subject of analysis and establishing analytical frameworks.
As for literature research, a total of 23 international rules for corrections were subdivided by item for comparison analysis. To do this, existing papers and publications were referred to, and in particular, Making Standard Work complied by the Penal Reform International was used as the primary reference in order to understand outlines of basic international rules governing correctional programs. Also, Standard Minimum Rules for the Treatment of Prisoners and The European Prison Rules were examined and analyzed focusing on international rules. The two rules were selected because the former has been considered one of standard rules for corrections established by the United Nations, while the latter can be seen as a revised edition of the former when considering its content. In addition to the aforementioned references, other international rules were also investigated for each item. Also, The United Nations Rules for the Protection of Juveniles and The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders were utilized to scrutinize related rules since juveniles and women prisoners are considered special prisoners, beyond minority ones.
This paper consists of a total of ten chapters including introduction and conclusion. The first chapter contains the purpose of this study, research methods and range, and summary of this study.
The second chapter scrutinizes the 23 international rules for corrections by classifying them into 1) international rules for human rights, 2) international regulations over the treatment of prisoners and management of correctional facilities, and 3) international rules for the correction of female and juvenile prisoners.
To be specific, international rules for human rights include the followings: 1) Universal Declaration of Human Rights; 2) The International Covenant on Civil and Political Rights; 3) The International Covenant on Economic, Social and Cultural Rights; 4) International Convention on the Elimination of All Forms of Racial Discrimination; and 5) Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
International regulations over the treatment of prisoners and management of correctional facilities include the followings: 1) Standard Minimum Rules for The Treatment of Prisoner; 2) Basic Principle for The treatment of Prisoners; 3) Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment; 4) Basic Principles of Pre-trial Detention; 5) Recommendations on Prison Labour; 6) Recommendations on the Treatment of Foreign Prisoners; 7) Recommendation on Open Penal and Correctional Institutions; 8) Code of Conduct for Law Enforcement Officials; 9) Basic Principles on the Use of Force and Firearms by Law Enforcement Officials; 10) Recommendations on the Selection and Training of Personnel for Penal and Correctional Institutions; 11) Principles of Medical Ethics Relevant to the Role of Health Personnel, Particularly Physicians, in the Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment; 12) Convention on the Transfer of Sentenced Persons); and 13) The European Prison Rules.
International rules for the correction of female and juvenile prisoners are investigated by referring to the followings: 1) Convention on the Elimination of All Forms of Discrimination against Women; 2) Convention on the Rights of the Child; 3) United Nations Standard Minimum Rules for the Administration of Juvenile Justice; 4) United Nations Rules for the Protection of Juveniles Deprived of Their Liberty; and 5) The United Nations Rules for the Treatment of Female Prisoners and Non-Custodial Measures for Women Offenders.
From third to ninth chapters, international rules for corrections are analyzed by classifying the major content into major concerns in terms of correctional programs. From third to eighth chapters, Standard Minimum Rules for The Treatment of Prisoner and The European Prison Rules are used for comparison analysis while the ninth chapter delves into The United Nations Rules for the Protection of Juveniles to figure out treatment of juveniles and The United Nations Rules for the Treatment of Women Prisoners and Non-Custodial Measures for Women Offenders to investigate treatment of female prisoners.
The third chapter divides rules for interment order into the two followings for comparison analysis: interment (interment areas, divided internment, admission and registration for detention facilities); and discipline and punishment (discipline, principles for punishment, procedures of punishment, limits on punishment, and others).
The fourth chapter delves into international rules for basic life of prisoners by classifying them into three: basic principles (the principle of dignity, the principle of being normal); the space for living and workshop (types of the living room, space and equipment); prison food, clothing, and bedding; and hygiene, medical services, and workout.
The fifth chapter scrutinizes rules for treatment of prisoners by analyzing them into the followings: the purpose and method of treatment (re-socialization treatment, prisoner classification, individual treatment); prison labor (principles of prison labor, content of prison labor, payment for prison labor, the protection of prisoners during prison labor); the use of education, religion, and media outlets such as newspapers, broadcasting, and books (the use of education, religion, beliefs and conscience, media outlets such as newspapers, broadcasting, and books); and earned privileges, being on leave from the service, and preparation of being discharged.
The sixth chapter contains rules for safeguarded rights of prisoners and the supervision of correction facilities by dividing into 1) rights (rights of prisoners, notification of rights, rights to external communication, others for the protection of prisoners) and 2) relief of rights and inspection (petition and disobedience, assistance from lawyers, inspection). The seventh chapter investigates the rights of pre-trial inmates and minority prisoners, which subdivides the content into the two followings: pre-trial inmates (the presumption of innocence, imprisonment and living spaces, prison food and clothing, prison labor and corrections, product purchase and interviews and communication); and minority prisoners (prisoners with mental disorder, foreign nationals).
The eighth chapter analyzes international rules for the structure and employees of correctional facilities by classifying them into the two followings: 1) the structure of correctional facilities (independence and ethicality of the operation of correctional facilities, capacity of correctional facilities, and warden); and 2) employees (the standard of selecting employees and treatment of employees, job training, missions and action guides for employees for corrections, and organization of employees).
The ninth chapter contains special treatment for female and juvenile prisoners, respectively: for juveniles, The United Nations Rules for the Protection of Juveniles is used and classified into basic principles, internment order, basic life of juveniles, return to normal social life, relief of rights, and employee-related rules; for female prisoners rules are divided into basic principles, internment order, basic life, return to normal social life, petition and surveillance of female prisoners, manpower for corrections and training, preparation for being released and follow-up support, and female prisoners falling into special categories.
The tenth chapter, the conclusion of this study, describes reasons to observe international rules for corrections. This study consists of the introduction of international rules for corrections and case-by-case explanations as it is not designed to analyze or address one particular theme or suggest practical alternatives. Therefore, the conclusion takes the form of epilogue due to the characteristic of this study.