1. Administration and Treatment of Correctional Institution Inmates Act (the “Inmates Act”)

[Effective October 2, 2026; Act No. 22010]

A. Purpose and Basic Principles

This Act aims to promote the correction, edification and sound reintegration into society of sentenced inmates. It also sets out matters concerning the treatment and rights of inmates and the operation of correctional institutions.

The three core basic principles are as follows.

• Respect for human rights: In enforcing the Act, the human rights of inmates must be respected to the greatest extent possible (Article 4).
• Prohibition of discrimination: Inmates shall not be discriminated against without reasonable grounds on the basis of sex, religion, disability, age, social status, etc. (Article 5).
• Scope of application: The Act applies not only within the premises of correctional institutions but also at any place where correctional officers are guarding inmates (Article 3).

B. Categories of Inmates

C. Key Provisions on Accommodation

• Separate accommodation: Sentenced inmates aged 19 or over are held in prisons, those under 19 in juvenile prisons, and unsentenced inmates in detention centers (Article 11).
• Principle of single-cell accommodation: As a rule, one person per cell, with exceptions for lack of facilities, the need for protection, rehabilitation purposes, etc. (Article 14).
• Treatment of new arrivals: Upon admission, the inmate’s body, clothing and personal belongings must be searched and a health examination conducted. The inmate must also be informed of the starting date of the sentence term, the right to visits, the method of filing petitions, etc. (Articles 16 and 17).

D. Treatment System for Sentenced Inmates

Sentenced inmates are placed in a suitable correctional institution according to the results of classification review and are treated under an individualized treatment plan (Article 57). Correctional institutions are divided by security level into ① open institutions, ② low-security institutions, ③ general-security institutions, and ④ maximum-security institutions.

Inmates with good correctional records may have their treatment adjusted upward, and particularly outstanding inmates may receive treatment needed for life in society at an open institution.

E. Visits, Letters and Telephone Calls

• Visits: Permitted in principle, but restricted where there is a risk of violating criminal statutes, a decision prohibiting visits, a risk of hindering rehabilitation, or a threat to institutional security (Article 41). Visits with defense counsel take place without a correctional officer present (Article 84).
• Letters: In principle, may be sent and received without inspection, but may be inspected where certain grounds exist (Article 43).
• Telephone calls: Inmates may make outside calls with the permission of the warden (Article 44).

F. Safety and Order — Restraint Devices, Use of Force and Disciplinary Punishment

Requirements for using restraint devices (Articles 97 and 98):

Restraint devices may be used only to the minimum extent necessary and may not be used as a means of punishment (Article 99).

Types of disciplinary punishment (Article 108): reprimand; community service labor (up to 50 hours); reduction of work incentive payments (up to 3 months); suspension from participation in group activities (up to 30 days); restriction of visits, letters and telephone calls (up to 30 days each); and disciplinary confinement (up to 30 days), among others.

When disciplinary confinement is imposed, suspension from group activities, restriction on reading newspapers and restriction on watching TV are imposed concurrently (Article 112(3)).

G. Remedies

An inmate who objects to his or her treatment may use ① an interview with the warden (Article 116), ② a petition to the Minister of Justice, an inspecting official on circuit or the head of a regional correctional headquarters (Article 117), or ③ a request for disclosure of information (Article 117-2). Inmates shall not suffer disadvantageous treatment for exercising these remedies (Article 118).

H. Related Leading Cases

① Standard for determining the lawfulness of restraint device use

The use of restraint devices is permitted, and only to the minimum extent, where there are reasonable grounds in light of the purpose of and need for their use, the degree of infringement of fundamental rights, the availability of alternative means, etc. In determining reasonable grounds, given the special nature of correctional institutions, the inmate’s age, temperament, character and conduct, health condition, behavior in custody, history of correctional incidents, etc. must be considered comprehensively. (Supreme Court Decision 2011Do15990, decided June 28, 2012)

② State liability for damages due to overcrowding

Holding inmates in a cell where the area per inmate on the floor plan is less than 2㎡ is an unlawful act that violates human dignity and worth, and the State is liable to compensate for the resulting emotional distress. Exceptions are recognized, however, where special circumstances exist, such as where it occurred over a short period because of an unforeseen, temporary surge in the occupancy rate. (Supreme Court Decision 2020Da253287, decided July 14, 2022)

③ Legal interest in an action to revoke a disciplinary punishment

Even after a disciplinary punishment has been fully executed, a legal interest in seeking its revocation is recognized where there is a concrete and actual risk of disadvantage in future classification reviews while serving a sentence. (Daegu High Court Decision 2023Nu11307, decided April 19, 2024)

④ Refusal to affix a thumbprint to a correctional officer’s violation report, and disciplinary punishment

Where a correctional officer instructed an inmate to affix a thumbprint to a report on the detection of conduct subject to discipline and the inmate refused, this is difficult to regard as failing, without justifiable reason, to follow a correctional officer’s official instruction or order. (Supreme Court Decision 2024Du45832, decided October 25, 2024)

⑤ Denial of telephone calls to a sentenced inmate and the right to outside communication

A sentenced inmate’s right to outside communication (visits, correspondence and telephone calls) is a constitutional fundamental right whose essential content cannot be infringed. Restricting a foreign inmate’s telephone calls for two months or more infringed the essential content of that right and was unlawful. (Daejeon High Court Decision 2021Nu13634, decided July 7, 2022)

2. Enforcement Decree of the Inmates Act

[Effective October 2, 2026; Presidential Decree No. 36728]

A. Main Provisions

The Enforcement Decree gives concrete form to matters delegated by the Inmates Act. Its key provisions are as follows.

Accommodation

• Types of solitary accommodation: Solitary accommodation is divided into ① solitary accommodation for treatment purposes (communal life during the day, solitary only at night and on non-working days) and ② solitary accommodation for security purposes (always solitary, with contact with other inmates prohibited) (Article 5).
• Treatment of new arrivals: A health examination must be conducted within 3 days of taking custody (Article 15), the inmate must bathe without delay (Article 16), and the inmate must be held in a new-arrival cell for 3 days (Article 18).
• Separation during escort: Sentenced and unsentenced inmates, women and men, and those under and over 19 must each be escorted separately (Article 24).

Hygiene and Medical Care

• Health checkups must be conducted for inmates at least once a year, and at least once every 6 months for inmates under 19 and inmates in solitary accommodation for security purposes (Article 51).
• Outdoor exercise of up to 1 hour must be guaranteed daily (Article 49).

Visits

• Sentenced inmates are entitled to 4 visits per month as the baseline (Article 58(3)), and 4 additional visits per month with an attorney acting as counsel in litigation are permitted separately (Article 59-2).
• Unsentenced inmates are entitled to 1 visit per day, and visits with defense counsel do not count toward this limit (Article 101).

Restraint Devices and Use of Force

• Correctional officers may not use restraint devices without the warden’s order. Where there is no time to obtain an order, however, they must report immediately after use (Article 120).
• Inmates wearing restraint devices are, as a rule, placed in solitary accommodation for security purposes (Article 123).

Disciplinary Punishment

• The chair of the Disciplinary Committee convenes the committee at the warden’s request for disciplinary action (Article 129).
• Execution of a disciplinary punishment continues even if the inmate is transferred to another correctional institution or appears before a court or the Public Prosecution Service during its execution (Article 134).

3. Enforcement Rules of the Inmates Act

[Effective October 2, 2026; Ordinance of the Ministry of Justice No. 1127]

A. Treatment Classification System for Sentenced Inmates

The Enforcement Rules set detailed standards for the treatment of sentenced inmates. Treatment classifications fall into three types (Article 72).

Security treatment classes are divided into ① open treatment class, ② low-security treatment class, ③ general-security treatment class, and ④ maximum-security treatment class (Article 74). The number of visits, number of telephone calls, scope of work, etc. vary according to the security treatment class (Articles 87 and 90).

B. Classification Review Procedure

• Initial review: Must be completed by the end of the month following receipt of the sentence execution order (Article 64).
• Re-review: Divided into regular re-reviews (upon reaching 1/3, 1/2, 2/3 and 5/6 of the sentence term) and irregular re-reviews (upon a resolution imposing disciplinary punishment, the finalization of an additional case, etc.) (Articles 65 to 67).

C. Standards for Imposing Disciplinary Punishment

Standards for imposing disciplinary punishment are divided into four levels according to the seriousness of the violation (Article 215).

Where the violation is minor, a lighter punishment may be imposed, such as a reprimand, community service labor, or various restrictions of up to 30 days (Article 215, Item 5).

D. Inmates Subject to Strict Management

Drug offender inmates, organized-crime inmates and inmates of concern are designated as inmates subject to strict management and are managed differently from other inmates (Article 194).

• Organized-crime inmates: Visits must take place in a room with a contact barrier, and the requirements for special treatment such as home leave are strictly applied (Article 202).
• Drug offender inmates: Delivery of items from outside is prohibited in principle (Article 207).

E. Parole Review

For sentenced inmates with good correctional records who are found to pose no risk of reoffending, the warden applies for a parole eligibility review after a resolution of the Classification and Treatment Committee (Article 245). The Parole Review Committee comprehensively reviews age, motive for the crime, correctional record, risk of reoffending, etc. (Articles 252 to 255).

4. Regulations on Escorting Prisoners, etc.

[Effective October 2, 2026; Presidential Decree No. 36728]

A. Categories of Escorting Officials

• Escort between correctional institutions: Handled by correctional officers.
• Other escorts: Handled by investigators of the Corruption Investigation Office for High-ranking Officials, investigators of the Serious Crimes Investigation Agency, police officers, or employees of the Public Prosecution Service (Article 2).

B. Main Principles of Escort

• Method of escort: As a rule, the person is escorted directly to the destination, but may be escorted via multiple locations when necessary (Article 3).
• Time of escort: Escort may not be carried out before sunrise or after sunset. Exceptions apply where a train, vessel or aircraft is used, or where special grounds exist (Article 7).
• Overnight stays: Except on trains, vessels and aircraft, a police station or correctional institution must be used (Article 8).

C. Handling Incidents Involving Escorted Persons

• Escape: The escorting officer must immediately notify the nearest police station and the escorting agency (Article 10).
• Illness: Appropriate treatment must be given, and if escort cannot continue, the person may be temporarily held at a nearby correctional institution or police station (Article 11).
• Death: The matter is handled under the direction of the prosecutor with jurisdiction over the place of death, and the sending agency, receiving agency and family must be notified immediately. If the family does not claim the body within 3 days, it must be temporarily buried (Article 12).

D. Allocation of Costs

• The escorting officer’s travel expenses and the escorted person’s escort costs are borne by the escorting agency.
• Where room and board were provided at a correctional institution or police station, those costs are borne by that facility (Article 13).

5. Rules on the Duties of Correctional Officers

[Effective April 22, 2025; Ordinance of the Ministry of Justice No. 1094]

A. Types of Correctional Officers

Correctional officers are classified by their duties as correctional-service officers, vocational-training officers, health-and-sanitation officers, technical officers, and administrative-operations officers (Article 2).

B. Basic Principles of Correctional Officers’ Duties

• Priority of duties: Preventing conduct that defeats the purpose of confinement, such as inmate escape, assault, disturbance or suicide, takes precedence over all other duties (Article 6).
• Principle of guarding: Inmates must never be left outside the officer’s line of sight or physical control (Article 34).
• Headcounts: A headcount of all inmates must be conducted at least twice daily (Article 35).

C. Main Duties of Correctional-Service Officers

• Responsible for guidance, treatment and guarding of inmates, and for the security, operation and management of correctional institutions (Article 25).
• When conduct subject to discipline occurs, they must immediately report it to a superior, and they must immediately pursue an escaped inmate (Article 37).
• Before an escort, they must prepare an escort plan and report it to a superior (Article 40).
• To open or close cell doors at night or to bring an inmate out of a cell, they must obtain the permission of the duty officer, and two or more correctional officers must guard (Article 36).

D. Duties of the Duty Officer

The duty officer is a correctional-service officer designated by the warden who assists with all security work of the Security Division and acts on the warden’s behalf on holidays and at night (Article 2, Item 8). Main duties include:

• Inspecting correctional-service officers and patrolling and supervising duty conditions (Articles 50 and 51)
• Checking firearms, ammunition, restraint devices, security equipment, etc. daily for any irregularities (Article 54)
• Supervising admission and release affairs (Article 56)

E. Main Duties of Health-and-Sanitation Officers (Medical Officers)

• Responsible for inmates’ medical care, such as health examinations and treatment of illness, and for sanitation of the correctional institution (Article 75).
• When a patient with an infectious disease is identified, they must immediately report to the warden and make efforts toward treatment and prevention (Article 77).
• When an inmate dies, they must conduct a post-mortem examination and prepare a death certificate (Article 82).

<Summary of the Relationship Among the Five Statutes>

Inmates Act (Act)
    ↓ delegation
Enforcement Decree of the Inmates Act (Presidential Decree) ← Regulations on Escorting Prisoners, etc. (Presidential Decree)
    ↓ delegation
Enforcement Rules of the Inmates Act (Ministry of Justice Ordinance) ← Rules on the Duties of Correctional Officers (Ministry of Justice Ordinance)

• The Inmates Act sets the basic principles and the overall framework of rights and obligations.
• The Enforcement Decree sets the detailed procedures and standards delegated by the Act.
• The Enforcement Rules set even more specific matters, such as treatment classifications and disciplinary standards.
• The Escort Regulations separately govern the escort (transfer) of prisoners and other inmates.
• The Rules on the Duties of Correctional Officers set out how correctional officers must perform their duties in the field.

6. Directive on the Management of Inmate Meals

[Effective January 3, 2024; Ministry of Justice Established Rule No. 1334]

A. Purpose and Legal Basis

This Established Rule sets out detailed matters on inmate meals that Article 23 of the Inmates Act and Article 58 of its Enforcement Rules delegate to the Minister of Justice.

B. Management of Staple Food (Rice)

• Grain is purchased as government-managed grain (for government use) from local governments and similar bodies. Upon receipt, the sales notice, the delivery order, and the production year, grade, quantity and physical match of each type of grain must be verified (Article 3).
• The number of people to be fed is accurately determined and calculated for each meal, and grain is stored separately by type (Article 4).

C. Management of Emergency Rations

Emergency rations are provided in the following cases (Article 7).

The standard ration is one pack per person per meal. Rations must not be served in concentrated batches, and the entire stock must not be served in advance without securing an appropriate reserve.

D. Procurement and Inspection of Side Dishes

• Side dishes are purchased with priority given to products of the Special Account for Prison Labor, and open competitive bidding is the rule (Article 9(5)).
• Inspectors examine side-dish items in accordance with the contract and relevant laws and are not subject to interference from others regarding their inspection work or its results (Article 10(3)).
• Inspection logs are kept for 3 months. For meat, livestock product grading certificates and traceability confirmations are kept for 6 months from the date of purchase (Article 10-2).

E. Hygiene Management

• As a rule, meals are served within 2 hours of cooking (Article 12(2)).
• In case of food poisoning, at least 100g of each food cooked and served, or one serving per meal, must be kept in a dedicated freezer for at least 144 hours (6 days) for epidemiological investigation (Article 12-4).
• Kitchen workers must receive training on personal hygiene, conservation of supplies, cooking duties, etc. at least once a month (Article 12(7)).

F. Special Meals

Special meals are provided to all inmates on the following days (Article 14).

Where special meal days fall on the same day, the special meal is served only once (Article 14(8)).

G. Meals for Foreign Nationals and Inmates with Special Needs

• For foreign inmates whose eating habits differ markedly from those of Korean nationals, meals may be adjusted in consideration of the food culture of their country, their physique, etc. (Article 15).
• Where regular meals are difficult because of religious beliefs, vegetarianism, etc., food necessary to maintain health and physical strength may be provided, taking into account the institution’s circumstances (Article 15-2).
• Snacks for extended work are provided only when the extended work lasts 3 hours or more (Article 16).

H. Related Leading Case

State liability for serving expired food

Where a detention center failed to detect, during inspection, soy milk that was more than 40 days past its expiration date and served it to inmates, the State is liable to compensate for the resulting damage. However, being past the expiration date does not necessarily mean the beverage had spoiled, and the amount of damages for emotional distress is determined by the actual harm suffered. (Seoul Southern District Court Decision 2016Gadan231727, decided December 20, 2017)

7. Directive on the Management of Funds and Property Held in Custody

[Effective January 2, 2025; Ministry of Justice Established Rule No. 1355]

A. Purpose and Legal Basis

This Directive sets out matters delegated to the Minister of Justice by Articles 25 and 26 of the Inmates Act, Articles 34 and 38 of the Enforcement Decree, and Article 22 of the Enforcement Rules, as well as measures the warden must take regarding funds and property held in custody.

B. Key Terms

C. Management of Custody Funds

Holding limit and handling of excess amounts

• The limit on custody funds held within a correctional institution is KRW 4 million per inmate (Article 9(1)).
• Any amount exceeding KRW 4 million is deposited in a bank account opened in the inmate’s own name at the institution’s partner bank and is paid out upon release.
• Where the inmate declines to open an account because of a poor credit record or similar reasons, the inmate must be advised to return the excess to family members or others within 7 days of receiving the notice of excess (Article 9(3)).

Spending limit

• The daily spending limit is KRW 20,000 per inmate and applies only to purchases such as food. Costs of purchasing clothing, bedding, medicine, daily necessities, books, etc. are counted separately (Article 11(1)).

Receipt of remitted funds

• As a rule, remitted funds are received through a virtual account. For persons with limited access to digital devices, such as the elderly, the infirm and persons with disabilities, funds may be received directly at the civil affairs office (Article 8(1)).
• Remitted funds must be received so that the sum of the custody fund balance and the amount received does not exceed KRW 4 million (Article 8(2)).

Handling funds left behind and custody funds unpaid after release

• Custody funds of a deceased or escaped inmate are delivered to heirs or others. If no claim is made within 1 year, they revert to the National Treasury (Article 18).
• Custody funds unpaid after release revert to the National Treasury if no claim for payment is made after at least two written demands to collect them, or if the person’s address is unknown (Article 19).

D. Management of Custody Property

Receipt of personal belongings

• A new arrival’s belongings are recorded in the custody property ledger after checking their condition, quantity, etc., and are kept after obtaining the inmate’s thumbprint or signature (Article 21(1)).
• Items sent by mail must be opened jointly by two or more persons for a security inspection (Article 22(3)).

Permission standards for custody property

• Standards for items that may be kept and used in the cell follow the per-inmate custody property permission standards in Annex 3. However, the warden may permit exceptions where particularly necessary for treatment, such as for patients, the elderly, pregnant women and persons with disabilities (Article 25(1)).
• The total volume of custody property may not exceed the capacity of the custody property bag in Annex 4. However, up to 20 books, 1 sleeping bag, 2 blankets each for spring/autumn and winter, 1 summer quilt, and litigation documents recognized by the warden are not counted toward the total volume (Article 25(4)).

Keeping special custody property

• Special custody property is placed in a special custody property envelope in the inmate’s presence and sealed. It is then kept in a double-locked cabinet or similar after obtaining the inmate’s thumbprint or signature (Article 28(1)).
• Only the minimum items needed upon release (bankbooks, credit cards, cash cards, resident registration cards, certificates, etc.) are kept as special custody property. For other special custody property, notice must be given within 1 month of receipt so that family members or others can collect it (Article 28(3) and (4)).

Procedure for returning custody property

• If family members or others visit within 7 days of the application date, the property is returned to them directly. If they do not visit within that period, it may be sent by courier or similar means (Article 32(1)).
• Return costs are borne by the inmate or by the family members or others receiving the property (Article 32(2)).

Handling excess custody property

• If an inmate who received a notice of excess custody property has not returned it within 1 month of the notice date, a disposal notice is delivered, and the property is disposed of within 1 week of delivery (Article 33(2)).
• Items that can be sold are sold and the proceeds held. If the inmate indicates an intention to donate, a consent form is obtained and the items are handled under the donation procedure.

Return of custody property to released inmates

• A released inmate’s custody property is returned after checking it against the custody property ledger and obtaining the inmate’s thumbprint or signature. The special custody property envelope must be opened in the released inmate’s presence for verification (Article 34(1)).

E. Inspection and Reporting of Funds and Property Held in Custody

• Whether custody fund balances match is inspected on the last day of each month, and whether the custody property ledger matches the property held is inspected at the end of June and December each year (Article 37(1)).
• The inspection report must be submitted to the warden by the 3rd day of the following month (Articles 38 and 39).
• Theft or embezzlement of custody funds, and theft, loss or damage of custody property, must be promptly reported to the Minister of Justice (Article 40).

F. Related Leading Cases

① Lawfulness of disciplinary punishment for possessing items exceeding the custody property permission standards

Where an inmate brought 35 types of unauthorized items into the cell upon transfer, the Inmates Act’s provisions on handling items and its provisions on disciplinary punishment serve different purposes, and the items were not property held in custody, so the related Directive was not violated. Considering the inmate’s history in custody, prior notice, the severity of the punishment, the nature of the items, etc., there was no deviation from or abuse of discretion. (Gwangju High Court (Jeonju) Decision 2019Nu1116, decided October 30, 2019)

② Lawfulness of a permission to receive medical treatment at one’s own expense, in relation to the procedure for using custody funds

The Inmates Act contains no separate provisions on the procedure for applying for and permitting medical treatment at one’s own expense or on payment of costs, and preparing a written report is merely customary practice. Therefore, the disposition cannot be regarded as unlawful solely because no report was prepared. (Gwangju District Court Decision 2023Guhap10419, decided September 21, 2023)

③ Lawfulness of restricting the use of electric shavers by sentenced inmates classified as violence-prone

Article 25(1) of the Directive on the Management of Funds and Property Held in Custody, enacted under the delegation of Article 26(1) of the Inmates Act, sets standards for items inmates may keep and use in their cells. The warden may restrict possession of items where a reasonable need is recognized for maintaining the safety and order of the correctional institution. (Daegu District Court Decision 2025Guhap158, decided April 23, 2026)

8. Directive on the Management, Manufacture and Operation of Inmate Clothing

[Effective January 2, 2025; Ministry of Justice Established Rule No. 1356]

A. Purpose and Legal Basis

This Directive sets out the detailed matters, which Article 9 of the Enforcement Rules of the Inmates Act leaves to the Minister of Justice, needed for manufacturing, supplying and managing the clothing and bedding issued to inmates.

B. Key Provisions on Managing Clothing and Bedding

Issuance standards

• The color and specifications of clothing and bedding follow Annexes 1 to 7, and the issuance standards, period of use and season of wear for each item follow Annex 8 (Articles 2 and 3).
• The warden may adjust the season of wear according to the institution’s circumstances or seasonal characteristics (proviso to Article 3).

Supply planning

• When preparing the institution’s annual clothing supply plan, the warden includes a reserve of up to 10 percent of requirements for consumable clothing (undershirts, underpants, socks, etc.) (Article 5(1)).
• Undershirts, underpants, winter underwear, socks, sneakers, etc. are supplied selectively to inmates who wish to wear them, and may be issued with priority to inmates requiring special protection, such as patients, the elderly and infirm, and persons with disabilities (Article 5(2)).
• The warden must prepare the clothing supply plan for the year, taking into account stock by size, etc., and submit it to the Minister of Justice by January 10 (Article 5(6)).

Principles of clothing management

• Government-issued or self-purchased clothing and bedding must not be given or exchanged between inmates, and clothing must be thoroughly collected when an inmate is released (Article 5(4)).
• Clothing issued by the government to inmates must be closely managed and supervised so that it is not damaged or altered (Article 6(2)).

Recycling worn-out clothing

• When worn-out clothing and bedding are declared unserviceable, scrapping should be minimized. The condition of each part should be assessed and parts that are not worn out should be recycled to save on the cost of new purchases and repairs (Article 8(1)).
• Self-purchased blankets and clothing left behind by released inmates must be collected, laundered and repaired, and then, after the procedure for incorporation into government property, used as inmate bedding and as everyday clothing for unsentenced inmates (Article 8(2)).

9. Directive on the Supply of Inmates’ Self-Purchased Items

[Effective March 2, 2021; Ministry of Justice Directive No. 1344]

A. Purpose and Legal Basis

Under Articles 16 to 21 of the Enforcement Rules of the Inmates Act, this Directive sets out matters concerning the supply of items that persons held in correctional institutions may purchase at their own expense.

B. Meaning of Self-Purchased Items

Self-purchased items are items that an inmate may purchase at his or her own expense (custody funds) with the permission of the head of a prison, detention center or branch thereof. They comprise ① food, ② medicines and medical supplies, ③ clothing, bedding and footwear, ④ newspapers, magazines, books and stationery, ⑤ items necessary for correction and edification, such as inmate education, and ⑥ other items deemed necessary for life in custody (Enforcement Rules of the Inmates Act, Article 16(1)).

C. Supply Management System

• The warden oversees all work related to the supply of self-purchased items, assisted by the head of the General Affairs Division (Article 2(1)).
• To maintain nationwide balance in quality, specifications, prices, etc. and to improve the efficiency and fairness of the supply process, certain supply matters may be delegated to the head of a regional correctional headquarters (the delegated authority) (Article 3(1)).

D. Self-Purchased Items Management Committee

• A Self-Purchased Items Management Committee is established under the delegated authority, consisting of at least 5 and no more than 7 members, including the chair (Article 4(2)).
• External members must make up at least half of the members, including the chair (latter part of Article 4(2)).
• External members serve 2-year terms and may be reappointed (Article 4(5)).
• The Committee meets at least once a year, and resolutions require the attendance of a majority of all members and the approval of a majority of those present (Article 6(1) and (2)).
• As a rule, Committee meetings are closed, but they may be opened by resolution of the Committee (Article 6(4)).

E. Frequency and Method of Supply

• Food: supplied twice a week
• Daily necessities, clothing and other items: supplied once a week
• The warden may adjust the frequency of supply taking into account the treatment of new arrivals, the characteristics of each institution, seasonal factors, etc. (Article 10).

F. Setting Sale Prices

• The sale price of each item is set by the delegated authority (Article 13(1)).
• The sale price of items whose supply has been entrusted to the warden is set by the warden (Article 13(2)).

G. Related Leading Cases

① Permission for self-purchased items is a discretionary act of the warden

An inmate’s purchase of self-purchased items is subject to the warden’s permission, which takes into account rehabilitation, sound reintegration into society, the safety and order of the correctional institution, the degree of need for life in custody, balance with other correctional institutions, etc. Because the permission standards and prohibition requirements are framed in indeterminate terms, the warden is granted discretion. (Daejeon District Court Decision 2018Guhap588, decided December 12, 2018)

② Denial of items outside the list set by the warden is not an administrative disposition

Inmates may apply for purchase permission only within the scope of the items, types and specifications of self-purchased items set by the warden. They have no right under statute or sound reasoning to apply for permission to purchase arbitrary items not included in the warden’s list. Therefore, the warden’s expression of refusal is not an administrative disposition subject to an appeal action. (Daegu District Court Decision 2020Guhap123, decided July 16, 2020)

③ Revocation of a denial of self-purchase of cosmetics for treating a skin condition

“Other items deemed necessary for life in custody” under Article 16(1), Item 6 of the Enforcement Rules of the Inmates Act may include items other than medicines. Cosmetics for treating a skin condition are items necessary for life in custody, so a denial based solely on the ground that they are not medicines is unlawful as a deviation from or abuse of discretion. (Gwangju District Court Decision 2025Guhap294, decided February 12, 2026; Gwangju High Court Decision 2026Nu10053, decided August 20, 2026)

④ Lawfulness of denying delivery of items to drug offender inmates

For drug offender inmates, refusing as a rule to permit delivery of items from anyone other than inmates, in order to block the smuggling of drugs, is a lawful exercise of discretion to maintain institutional safety and order. However, measures to minimize inconvenience, such as allowing subscriptions through the correctional institution, should accompany it. (Gwangju District Court Decision 2019Guhap194, decided December 19, 2019)

⑤ Pressure by the Commissioner of the Korea Correctional Service to designate self-purchased items, and abuse of authority

Where the Commissioner of the Korea Correctional Service, at the solicitation of an acquaintance and the request of a member of the National Assembly, pressed the delegated authority to designate a particular item as a self-purchased item, thereby causing it to do something it had no duty to do, this was a substantively unlawful and improper exercise of authority on a matter within the Commissioner’s general official powers. The crime of abuse of authority and obstruction of the exercise of rights is therefore established. (Suwon District Court, Anyang Branch Decision 2018Gohap100, decided May 17, 2019)

<Summary of the Relationship Among the Four Directives>

Inmates Act (Act), Articles 23, 24, 25 and 26
    ↓ delegation
Enforcement Rules of the Inmates Act (Ministry of Justice Ordinance), Articles 9, 16–21, 58, etc.
    ↓ delegation
┌──────────────────────────────────────────────────────────────────────────────┐
│ Meal Management Directive (Established Rule)     │ Custody Funds and Property Directive (Established Rule) │
│ Clothing Management Directive (Established Rule) │ Self-Purchased Items Supply Directive (Directive)       │
└──────────────────────────────────────────────────────────────────────────────┘

• Meal Management Directive: sets detailed standards for the procurement, inspection, hygiene and special meals of food provided to inmates.
• Custody Funds and Property Directive: sets the procedures and standards by which correctional institutions hold and manage inmates’ money and property.
• Clothing Management Directive: sets the specifications, issuance standards and supply planning for clothing and bedding issued to inmates.
• Self-Purchased Items Supply Directive: sets the supply system and procedures for items inmates may purchase at their own expense.

10. Directive on the Medical Management of Inmates

[Effective December 31, 2024; Ministry of Justice Established Rule No. 1353]

A. Purpose and Scope

This Directive sets out matters relating to the medical treatment of inmates. Except where other laws contain special provisions on inmate medical treatment, this Directive governs (Articles 1 and 2).

B. Health Examinations for New Arrivals

Health examinations for new arrivals are divided into a physical health examination and a mental health examination (Article 3(1)).

Physical health examination items (Article 3-2)

• Measurement of height, weight, vision, hearing and blood pressure, and examination for illness and for abnormalities of the arms, legs or other parts of the body
• Blood tests for hemoglobin, blood glucose, total cholesterol, AST, ALT and GGT, and a chest X-ray
• Tests for syphilis and AIDS (referred to the competent public health center or a specialized testing institution)
• Pregnancy tests for female inmates of childbearing age

Mental health examination results (Article 3-3)

Where psychiatric observation is deemed necessary, arrangements must be made for the inmate to be diagnosed by a psychiatrist or relevant expert (Article 3-3(3)).

C. Regular and Special Health Checkups

• Regular health checkups may be referred to an outside specialized institution designated by the National Health Insurance Service or conducted by a medical officer (Article 4).
• Inmates working in the kitchen may be screened for typhoid, pulmonary tuberculosis and paratyphoid once a year. Inmates newly assigned to kitchen work are tested before their start date (Article 5).
• Where deemed necessary based on checkup results, appropriate medical care such as disease prevention measures and health counseling must be provided (Article 7).

D. Patient Management and Rules for Medical Personnel

Patient care (Article 8)

• When an inmate falls ill, necessary medical measures must be taken in accordance with the medical officer’s diagnosis and prescription.
• The medical officer must properly explain the clinical findings and prescription to the patient.
• The warden must establish and implement an in-house plan for rounds in housing units, workshops, etc.

Management of critically ill and emergency patients (Article 9)

• Critically ill and emergency patients must be promptly transferred to outside medical facilities for treatment. For seriously ill patients who cannot continue living in custody, measures such as recommending suspension of execution of sentence or suspension of execution of detention must be taken in cooperation with the relevant agencies.
• For patients in whom an emergency is anticipated, such as seriously ill patients, a caregiver must be designated and any unusual developments thoroughly recorded in the behavior observation records, etc.

Hygiene management (Article 13)

• The warden must establish a public health and sanitation management plan for preventing food poisoning, infectious diseases, etc. at least once a year.
• Disinfection must be carried out at least once every 2 months from April to September and at least once every 3 months from October to March.

Rules for medical personnel (Article 14-2)

• Medical officers (nurses) must record matters relating to medical acts, such as the patient’s chief symptoms, diagnosis and treatment, together with their opinions, in the medical record (nursing record) in the inmate medical information system.
• Outside physicians must ① comply with medical laws protecting patients’ rights, ② respect the safety and internal order of the correctional institution and cooperate with correctional officers’ measures to control inmates outside of treatment, and ③ not disclose or publicize to outsiders information relating to the institution’s safety and order, or inmates’ personal matters, learned while treating inmates.

E. Treatment by Outside Physicians and Allocation of Costs

Treatment by outside physicians on the warden’s own authority (Article 15)

Where in-house treatment is deemed unable to provide appropriate care, the warden may, on his or her own authority, have an inmate treated by an outside physician in the following cases.

However, treatment costs for illnesses and injuries that arose before admission or during a period of suspension of execution of detention (or sentence) are borne by the inmate and family members or others. Where they are unable to pay, the costs may be paid by the State (Article 15(3)).

Applications for self-funded treatment by inmates or family members (Article 15-2)

Inmates or family members may apply for treatment by an outside physician at their own expense in the following cases.

• Where the inmate’s condition is unlikely to deteriorate significantly during custody even without treatment by an outside physician
• Where the treatment is not directly aimed at treating an illness or injury
• Where purchasing assistive devices such as braces, hearing aids, glasses or contact lenses
• Where receiving dental prosthetic treatment such as dentures or implants
• Where undergoing tests such as MRI or CT scans for diagnostic purposes only
• Where receiving tests and treatment that can be provided within the correctional institution
• Where receiving preventive care other than the basic vaccinations and health checkups provided by the correctional institution
• Other cases not covered by health insurance

In these cases, the costs are borne by the inmate or family members or others (Article 15-2(2)).

Recovery of treatment costs (Article 16)

• Where an inmate is treated by an outside physician for an injury caused by the inmate’s intentional act (self-harm, swallowing foreign objects, rioting, etc.) or gross negligence, the warden may recover all or part of the treatment costs from that inmate.
• All or part of the treatment costs for injuries resulting from assaults, fights, etc. between inmates may be recovered from the assailant.

F. Transfer to Treatment-Focused Correctional Institutions

Pulmonary tuberculosis patients (Article 18)

• Sentenced inmates diagnosed with active pulmonary tuberculosis who have 3 months or more remaining on their sentence are transferred to a tuberculosis treatment-focused correctional institution for treatment.
• Sentenced inmates diagnosed with Hansen’s disease are transferred to a Hansen’s disease treatment-focused correctional institution without a separate transfer application procedure.

Inmates with mental illness (Article 19)

• Sentenced inmates with 3 months or more remaining on their sentence who fall under [F20–F29] schizophrenia, schizotypal and delusional disorders, or [F30–F39] mood [affective] disorders in the Korean Standard Classification of Diseases are transferred to a mental illness treatment-focused correctional institution.
• Excluded from transfer: persons for whom participation in a mental illness treatment program is inappropriate, such as those merely suspected of mental illness, those with mild symptoms, and those with a serious illness in addition to the mental illness

Hemodialysis patients (Article 20)

• Sentenced inmates who do not have an infectious disease, whose symptoms from complications are mild, and who have 3 months or more remaining on their sentence are transferred to an institution operating a hemodialysis unit for treatment.

Determination of recovery and return (Article 24)

• A patient’s recovery is determined by recording the concurring opinion of two or more medical officers in the medical record and having them sign it.
• For inmates with mental illness, even after recovery is determined, a return transfer is requested only after at least 1 month of continued observation confirms full recovery.

G. Management of Medicines

Categories of medicines (Article 26)

Controlled drugs in correctional institutions (Article 26(3))

• Psychotropic drugs
• Narcotic analgesics
• Tramadol preparations
• Other medicines designated by the Minister of Justice as at risk of misuse or abuse

Medicine managers (Article 26-2)

• The warden designates a pharmacy-service official as the medicine manager. Where there is no pharmacy-service official, a nurse is designated.
• Nurses in charge of medicine management rotate annually as a rule and may not be reassigned to the role within 2 years after their rotation ends.

Management of medical narcotics (Article 32)

• The head of the Medical Division must keep medical narcotics in a separate, double-locked cabinet, inspect them at least once a week, and record the results in the storage facility inspection log.

Permission to purchase self-purchased medicines (Article 34)

• The list of self-purchased medicines must be announced to inmates in advance, and purchases must be possible at least twice a month.
• Over-the-counter medicines are permitted collectively after hearing the medical officer’s opinion. Prescription medicines are permitted based on the medical officer’s direct examination and prescription.

Review procedure for delivery-permitted medicines (Article 35)

• For medicines without a prescription, the inmate or family members or others are asked to submit a prescription. If none is submitted within 3 days, delivery is denied without an assessment procedure.
• Medicines applied for in a single delivery by an inmate and family members or others may not exceed a 6-month supply.
• For medicines more than 7 months past the date delivery was permitted, disposal proceeds if the inmate consents.

Special rules on delivery of psychotropic drugs (Article 35-4)

• Family members or others may not apply for delivery of psychotropic drugs. However, for new inmates, family members or others may apply once, within 1 month of admission.
• Family members or others likewise may not, as a rule, apply for delivery of tramadol preparations and narcotic analgesics. However, where a new inmate (other than a drug offender inmate) was taking them under a prescription before admission but was admitted without them, an application may be made once, within 1 month of admission.

Provision and administration of delivery-permitted medicines (Article 35-6)

• As a rule, medicines are administered to inmates in 1-day units.
• However, for sentenced inmates in the open or low-security treatment class, and for those in the general-security treatment class who are trustees, assigned to designated work or in vocational training, medicines may be provided in 1-week units, taking into account the medical officer’s opinion.
• Medicines are provided one dose at a time for controlled drugs, inmates with severe mental illness, inmates receiving treatment for developmental disabilities, certain designated inmates of concern, inmates judged unable to take and manage medication on their own, etc.

Maintaining medication when inmates with mental illness are transferred (Article 40)

• When an inmate with mental illness is transferred, the receiving institution must, absent special circumstances, have the inmate examined by a medical officer or a specialist at an outside medical facility within 14 days.
• Where the transfer is from a treatment-focused correctional institution, the examination must take place within 7 days.

Providing prescriptions to inmates with mental illness upon release (Article 40-2)

When an inmate with mental illness is released, the medical officer may provide a prescription or prescription statement (stating the diagnosis, drug ingredients, dosage, etc.) for the psychiatric medications the inmate has been taking.

H. Guidance and Inspection

Each year, the Minister of Justice must have officials of the Ministry’s Medical Division or others select at least one institution per regional correctional headquarters to guide and verify the adequacy of inmate medical treatment and the overall operation of the medical division (Article 43).

I. Related Leading Cases

① A prison medical officer’s duty of care toward inmates — basic legal principle

When examining and treating prison inmates, a prison medical officer, given the nature of the work of managing inmates’ life, body and health, has a duty of care to take the best measures required to prevent danger according to the patient’s specific symptoms and circumstances. Account must be taken in particular of the fact that inmates find it difficult to make appropriate judgments on their own owing to lack of medical knowledge, restrictions on movement due to confinement, and mental and psychological instability. (Supreme Court Decision 2004Da65121, decided March 10, 2005)

② State liability for breach of the duty to take medical measures based on health checkup results

Gunsan Prison was notified of an inmate’s checkup result recommending a CT scan for a pulmonary nodule but took no particular action, and the inmate was later found to have stage 4 lung cancer. The court held that the conduct of the warden and the medical officer failed to fulfil the duty to take appropriate medical measures under Article 30 of the Inmates Act and failed to comply with Article 7 of the Directive on the Medical Management of Inmates, thus lacking objective justification, and recognized State liability. (Jeonju District Court, Gunsan Branch Decision 2023Gadan54387, decided June 13, 2024)

③ Breach of a medical officer’s duty of care regarding a diabetic inmate’s complaints of declining vision

Where a diabetic inmate repeatedly complained of declining vision but the medical officer failed to take appropriate measures such as an ophthalmology consultation, and the inmate became blind from diabetic retinopathy, a breach of the medical officer’s duty of care is established. The argument that there was no breach because the prison lacked an ophthalmologist and adequate medical facilities is not accepted, since the warden may have an inmate treated at an outside medical facility when deemed necessary for proper treatment. (Daegu High Court Decision 2019Na23245, decided September 4, 2020)

④ State liability for loss of the opportunity for early diagnosis of breast cancer

The head of a prison’s Medical Division recorded, regarding an inmate’s “lump in the left breast,” that the plan was to “observe progress, then go to an outside hospital.” No follow-up observation or outside treatment was arranged, and the inmate lost the opportunity for early diagnosis and treatment of breast cancer. State liability is recognized, with damages for emotional distress assessed at KRW 10,000,000. (Seoul Central District Court Decision 2023Na41804, decided June 12, 2024)

⑤ State liability for delayed medical care after an assault on an inmate

An inmate suffered rib injuries after being assaulted by another inmate but gave a different account of the incident and refused treatment. Considering that prison staff had provided safety training and the medical staff had offered appropriate care, the court found insufficient evidence of intent or negligence by public officials and dismissed the claim for State compensation. The case shows that an inmate’s changed account and refusal of treatment can be a significant obstacle to establishing State liability. (Daegu District Court Decision 2023Na327897, decided November 27, 2024)

⑥ Dismissal of a State compensation claim relating to COVID-19 infection

Inmates infected with COVID-19 while held in a detention center claimed damages for emotional distress, alleging that they were infected because of detention center officials’ negligence in performing their duties. Considering that the detention center had, in accordance with Ministry of Justice guidelines, quarantined new inmates, provided masks, and conducted full testing and separated inmates when confirmed cases arose, the court found it difficult to conclude that detention center officials had performed their duties unlawfully, whether intentionally or negligently. (Seoul Central District Court Decision 2021Gahap548802, decided April 5, 2024)

⑦ No directness of fundamental rights infringement by the Directive on the Medical Management of Inmates

Any infringement of fundamental rights under Article 36 of the (former) Directive on the Medical Management of Inmates materializes only through a concrete act of enforcement, namely the warden’s permission, so the directness of an infringement by the Directive itself is not recognized. Moreover, a medical officer has a duty of care to take the best measures when providing medical care to inmates, but the choice of specific treatment methods and medicines is left to medical judgment and to judgments relating to the execution of sentences and the treatment of inmates. (Constitutional Court Decision 2015Hun-Ma1125, decided January 26, 2015)

11. Directive on Psychological Treatment Work

[Effective April 1, 2026; Ministry of Justice Established Rule No. 1382]

A. Purpose and Legal Basis

This Directive sets out matters necessary for carrying out psychological counseling, psychological treatment programs and staff mental health support under Article 64 of the Inmates Act and Articles 116, 219-2 and 233 of its Enforcement Rules.

B. Key Terms

C. Organizational Structure for Psychological Treatment

• The Minister of Justice may establish psychological treatment centers in regional correctional headquarters, each staffed by 7 or more persons (Article 3(1) and (2)).
• Correctional institutions without a Psychological Treatment Division have a psychological treatment team within the Security Division (Article 3(4)).
• The warden must include among the members of the Psychological Treatment Division or similar unit staff who hold at least an associate degree related to psychological treatment, or who are qualified as clinical psychologists, counseling psychologists, mental health clinical psychologists, etc. (Article 3(6)).

Central Advisory Committee on Psychological Treatment

• A Central Advisory Committee on Psychological Treatment is established in the Ministry of Justice, consisting of at least 10 and no more than 15 members (Article 8(2)).
• Members serve 2-year terms and may be reappointed (Article 10).
• Meetings are held at the request of a majority of all members or when the Minister of Justice deems it necessary, and resolutions require the attendance of a majority of all members and the approval of a majority of those present (Article 11).

D. Psychological Counseling System

Types of counseling (Article 16)

Persons subject to exploratory counseling (Article 16-2)

• New arrivals
• Transferred-in inmates for whom exploratory counseling is deemed necessary
• Inmates for whom psychological counseling has been requested by the inmate or a relevant division
• Inmates who need a psychological crisis diagnosis because of a crisis event, psychological change, etc.

Designation of priority counseling subjects (Article 16-5)

Among those receiving intensive counseling, the warden must designate the following inmates as priority counseling subjects and pay special attention to them.

• Inmates who have attempted suicide since admission
• Inmates in whom a will to commit suicide or a concrete suicide plan is observed
• Inmates who strongly complain of being wronged in connection with an investigation or disciplinary punishment
• Inmates assessed as having suffered severe mental shock from a heavy sentence being sought or imposed
• Inmates assessed as being in a serious psychological crisis, such as a risk of suicide, considering comprehensively their history of suicide attempts before admission, mental health screening results, etc.

Counseling sessions and intervals (Article 17)

• Exploratory counseling: 1 or more sessions. Conducted within 3 days of admission for new arrivals, within 5 days of transfer for transferred-in inmates, and within 7 days of the request for inmates who requested counseling
• Intensive counseling: 8 sessions as the baseline, at least once every 2 weeks. For inmates who have attempted suicide, however, a special schedule applies: the 1st session on the day of the incident, the 2nd within 5 days, the 3rd within 2 weeks, and so on
• Follow-up counseling: 1 or more sessions, within 3 months after intensive counseling ends

Counseling for inmates subject to disciplinary action (Article 17-2)

• Intensive counseling for inmates subject to, or serving, disciplinary punishment is conducted at least once each during the investigation period and the period of execution.
• For inmates whose combined investigation and punishment periods exceed 30 days, the number of sessions is increased as needed.

Counseling case conferences (Article 23)

• The warden must hold case conferences regularly.
• Where outside experts participate, a consent form for case presentation must be obtained from the inmate concerned and a pledge from the outside experts.
• Case conference materials must not be leaked outside.

E. Psychological Treatment Programs

Crimes subject to psychological treatment (Article 26)

Grounds for exclusion from programs (Article 29)

• Foreign nationals for whom communication in Korean is extremely difficult
• Persons for whom participation is extremely difficult due to mental or physical disability, etc.
• However, caution must be exercised in excluding persons subject to the execution of a completion order.

Grounds for deferring a program (Article 31)

• Where the medical officer finds participation difficult due to illness, etc.
• Where the inmate is under investigation for, or serving disciplinary punishment for, a violation of correctional laws and regulations
• Where the inmate is pregnant or within 6 months after giving birth (including miscarriage or stillbirth)
• Where there are other special reasons preventing participation

Grounds for canceling a program (Article 32)

• Where the inmate has violated correctional laws and regulations, etc.
• Where, despite a verbal warning for lack of motivation or for disrupting the program, there is no prospect of improvement, or the inmate is judged to lack the ability to complete the program
• Where the inmate has received disciplinary punishment and is judged ineligible for psychological treatment
• Where participation is judged inappropriate due to a serious illness, injury or other unavoidable circumstances

Program completion standards (Article 33)

• Completion is recognized when all psychological treatment courses set by the Minister of Justice have been completed.
• Completion may also be recognized when 3/4 or more of the course has been completed.

Program delivery method (Article 35)

• Programs are run as group counseling co-led by two facilitators, supplemented by individual counseling, etc.
• Each session has about 10 participants, which may be increased or decreased according to the institution’s circumstances.

Treatment of outstanding participants (Article 30(4) and (5))

• Sentenced inmates with outstanding class attitudes, etc. may be selected and rewarded or permitted various privileges such as additional telephone calls and visits in a different location.
• Where problem behavior has greatly improved and the inmate sets an example in custody, the inmate may be selected to take part in Family Day events.

F. Content of Psychological Treatment Programs by Crime Type

G. Execution of Completion Orders

• Completion orders are executed by the warden, and the officer in charge of execution is the head of the Psychological Treatment Division (or the head of the Security Division where there is no Psychological Treatment Division) (Article 49).
• Before execution, the person in charge must explain the meaning of the completion order, etc. to the sentenced inmate and obtain the inmate’s signature on the completion order execution form (Article 50(2)).
• Where an inmate refuses to comply with the execution of a completion order, the inmate’s signature is obtained on a statement of reasons for non-compliance, the investigating officer is notified, and whether disciplinary punishment applies is investigated (Article 51).
• Where a completion order has not been executed in part or in full, a notice of non-execution must be prepared and sent to the prosecutors’ office that directed its execution (Article 53(3)).

H. Staff Mental Health Support

• The warden must devise and implement necessary measures for staff mental health, such as education and counseling and links to the prevention and treatment of mental illness (Article 54).
• Trauma recovery programs must be run for correctional officers who have witnessed an inmate’s suicide, been assaulted or threatened by an inmate, or experienced a comparable correctional incident (Article 58(1)).

I. Reporting

By the 5th of each month, the warden must report the previous month’s psychological treatment performance to the head of the regional correctional headquarters. Each regional head compiles the results of the institutions under its jurisdiction and reports them to the Minister of Justice within 3 days (Article 61).

J. Related Leading Cases

① Whether horticultural work linked to a psychological treatment program constitutes forced labor

Article 64(1) of the Inmates Act provides that heads of correctional institutions must conduct counseling, psychological treatment and other rehabilitation programs for the correction and edification of sentenced inmates. The (former) Directive on Psychological Treatment Work provided that, where deemed necessary to enhance the effectiveness of psychological treatment, measures such as additional psychological treatment programs may be taken for sentenced inmates who have completed a program. Having a sentenced inmate work at a horticultural practice site was therefore lawfully conducted as an additional psychological treatment program and does not constitute forced labor. However, the court expressed the view that a procedure for obtaining the inmate’s written consent is needed when directing participation in an additional psychological treatment program. (Seoul Administrative Court Decision 2021Guhap1404, decided January 18, 2022)

② Recognition of private-sector experience in the pay grade of correctional officials in psychological treatment work

The duties of Psychological Treatment Divisions and psychological treatment centers in correctional agencies fall within the field of work performed by officials of the correction series and correction class. Where a correctional official qualified as a mental health clinical psychologist had private-sector experience that was substantively reviewed during hiring and influenced the hiring decision, that experience must be recognized as similar experience (Type 3) in determining the official’s pay grade. (Suwon High Court Decision 2023Nu12725, decided April 19, 2024)

<Summary of the Relationship Between the Two Directives>

Inmates Act (Act), Articles 36, 37, 38 and 64
    ↓ delegation
Enforcement Rules of the Inmates Act (Ministry of Justice Ordinance), Articles 116, 219-2, 233, etc.
    ↓ delegation
┌────────────────────────────────────────────────────────────────────────┐
│ Directive on the Medical Management of Inmates │ Directive on Psychological Treatment Work │
│ (Established Rule)                              │ (Established Rule)                         │
│ (detailed standards for physical medical care)  │ (detailed standards for psychological care)│
└────────────────────────────────────────────────────────────────────────┘

• Directive on the Medical Management of Inmates: sets detailed standards for medical treatment as a whole to manage inmates’ physical health, including health examinations, outside treatment, medicine management and transfers to treatment-focused correctional institutions.
• Directive on Psychological Treatment Work: sets detailed standards for psychological counseling, psychological treatment programs, execution of completion orders and staff mental health support to manage inmates’ psychological health.

12. Directive on Classification and Treatment Work

[Effective October 21, 2026; Ministry of Justice Established Rule No. 1401]

A. Purpose and Scope

This Directive sets out matters concerning the classification review and treatment of sentenced inmates as provided in the Inmates Act, its Enforcement Decree and its Enforcement Rules. It also covers the operation of deliberative and decision-making bodies, operational support work, and the operation and management of the self-governance system (Article 1). (Source: Classification and Treatment Work Directive, No. 1401, p. 1)

The following inmates are not subject to this Directive (Article 3).

However, sentenced inmates who have also been ordered into protective custody or medical treatment and custody are subject to this Directive while serving their sentence of imprisonment with labor. (Source: Classification and Treatment Work Directive, No. 1401, p. 2)

B. Key Terms

(Source: Classification and Treatment Work Directive, No. 1401, pp. 1–2)

C. Persons Subject to and Excluded from Classification Review

Persons excluded from classification review (Article 8) (Source: Classification and Treatment Work Directive, No. 1401, p. 3)

• Persons with less than 3 months of their term to be served
• Inmates sentenced to penal detention
• Workhouse inmates with fewer than 180 days of workhouse confinement to be served

Persons whose classification review is deferred (Article 9) (Source: Classification and Treatment Work Directive, No. 1401, p. 3)

• Critically ill patients and persons of weak mental capacity who cannot be interviewed, and persons isolated because of a notifiable infectious disease
• Persons under investigation on suspicion of conduct subject to discipline, or serving disciplinary punishment
• Other persons for whom classification review is deemed particularly difficult

Management of persons who refuse classification review (Article 11) (Source: Classification and Treatment Work Directive, No. 1401, p. 4)

• A person who refuses classification review is placed in the maximum-security treatment class by resolution of the Classification and Treatment Committee.
• The person is notified that they “will be placed and treated in the maximum-security treatment class until they express willingness to undergo classification review,” and a confirmation of refusal of classification review is prepared.

Treatment standard for newly sentenced inmates (Article 6) (Source: Classification and Treatment Work Directive, No. 1401, p. 3)

• Upon admission to a correctional institution, newly sentenced inmates, persons whose classification review is deferred, and persons excluded from classification review are treated under the maximum-security treatment class.
• However, workhouse-only inmates are treated in accordance with the general-security treatment class.

D. Types of Classification Review

Initial review (Article 30) (Source: Classification and Treatment Work Directive, No. 1401, p. 9)

• Conducted for sentenced inmates whose sentence execution orders were received between the 1st and the last day of each month.
• Must be completed before the Classification and Treatment Meeting in the month following the month in which the order was received.

Regular re-review (Article 31) (Source: Classification and Treatment Work Directive, No. 1401, p. 9)

Regular re-reviews are conducted when the following points of the sentence term are reached.

However, no regular re-review is conducted if the date on which it falls due is less than 6 months from the date the first sentence execution order was received.

Irregular re-review (Article 32) (Source: Classification and Treatment Work Directive, No. 1401, p. 10)

May be conducted in the following cases.

• When an error in the classification review is discovered
• When the sentenced inmate has made a notable contribution to preventing a correctional incident
• When a resolution is made to impose disciplinary punishment on the sentenced inmate
• When a sentence of imprisonment without labor or heavier becomes final due to the revocation of a suspended sentence or an additional case
• When the inmate wins a prize at the National Skills Competition, obtains an Engineer-level or higher qualification, or obtains a bachelor’s or higher degree
• In other cases where the inmate’s accommodation or treatment needs to be adjusted

E. Treatment Classification System

Categories of treatment classification (Articles 51 to 54) (Source: Classification and Treatment Work Directive, No. 1401, pp. 15–16)

• The warden may assign up to 3 appropriate individual treatment classes to a sentenced inmate.
• All applicable characteristics are assigned for the basic accommodation class, in the order of the items of Article 52(1).

F. Establishing Individualized Treatment Plans

Persons covered (Article 55) (Source: Classification and Treatment Work Directive, No. 1401, p. 16)

• Plans are established for sentenced inmates with a sentence term of 2 years or more who are subject to initial review at a correctional institution (excluding those with 1 year or less of their term to be served) or to review at a classification center.
• No treatment plan is established for: critically ill patients who cannot be interviewed, persons infected with a notifiable infectious disease, persons who refuse classification review, and workhouse inmates.

Treatment goals (Article 57) (Source: Classification and Treatment Work Directive, No. 1401, p. 16)

G. Earned-Points Assessment

Earned-points assessment standards (Article 61) (Source: Classification and Treatment Work Directive, No. 1401, p. 17)

Earned points are scored by adding the score for conduct in custody to the score for work and education performance.

H. Adjustment of Security Treatment Class

Downward adjustment of security treatment class (Article 70) (Source: Classification and Treatment Work Directive, No. 1401, p. 20)

• Where a sentenced inmate in the open treatment class receives a disciplinary punishment of a reprimand or heavier → whether to adjust downward is deliberated and resolved at the regular Classification and Treatment Committee meeting the following month
• Where a sentenced inmate in the low-security treatment class receives disciplinary confinement (including suspended disciplinary confinement) → whether to adjust downward is deliberated and resolved at the regular Classification and Treatment Committee meeting the following month
• Where a sentenced inmate in the general-security treatment class receives disciplinary confinement 3 or more times within 1 year → whether to adjust downward to the maximum-security treatment class is deliberated and resolved

Points to note when adjusting the security treatment class upward (Article 72) (Source: Classification and Treatment Work Directive, No. 1401, pp. 20–21)

When the warden intends to adjust a security treatment class upward, the following must be taken into account.

• Whether the inmate received disciplinary punishment within 1 year as of the last day of the month before the Classification and Treatment Committee meeting
• Whether the inmate meets the earned-points rating standard in Article 81, Item 1 of the Enforcement Rules
• Whether 1/2 (for an upgrade to the low-security treatment class) or 2/3 (for an upgrade to the open treatment class) of the sentence term has passed
• Whether 6 months have passed since the security treatment class was last adjusted upward
• Whether any disciplinary punishment occurred immediately before the Classification and Treatment Committee meeting

I. Recidivism Risk Assessment

Correctional Recidivism Prediction Index (REPI) (Articles 73 to 76) (Source: Classification and Treatment Work Directive, No. 1401, pp. 21–22)

• Initial assessment: persons subject to initial review
• Regular assessment: at the regular re-review at 2/3 of the sentence term; for life sentences and sentence terms exceeding 20 years, at the 20-year mark and every 3 years thereafter
• Irregular assessment: when a sentence of imprisonment without labor or heavier becomes final due to the revocation of a suspended sentence or an additional case, etc.

When a sentenced inmate wishes to know his or her grade, the assigned grade may be disclosed to that inmate only. The assessment method is not disclosed.

J. Classification and Treatment Meeting and Classification and Treatment Committee

Classification and Treatment Meeting (Articles 107 to 114) (Source: Classification and Treatment Work Directive, No. 1401, pp. 28–29)

• Held on the 7th of each month.
• A quorum requires the attendance of at least 2/3 of all members, and decisions require the approval of a majority of those present.
• Deliberates matters concerning the classification and treatment of sentenced inmates to be referred to the Classification and Treatment Committee.

Classification and Treatment Committee (Articles 115 to 121) (Source: Classification and Treatment Work Directive, No. 1401, pp. 29–30)

• Holds a regular meeting on the 10th of each month.
• Consists of at least 5 and no more than 7 members, including the chair, and the warden serves as chair.
• A quorum requires the attendance of at least 2/3 of all members, and decisions require the approval of a majority of those present.

The main matters the Classification and Treatment Committee deliberates and resolves are as follows.

K. Operational Support Work and the Self-Governance System

Quota of inmates assigned to operational support work (Article 82) (Source: Classification and Treatment Work Directive, No. 1401, p. 24)

The warden may increase the quota ratio by up to 5 percent of capacity where necessary for operating the correctional institution.

Operation of the self-governance system (Articles 95 to 106) (Source: Classification and Treatment Work Directive, No. 1401, pp. 25–28)

• The warden operates the self-governance system for persons selected as self-governing inmates by the Classification and Treatment Committee.
• Self-governance housing units are guarded with video surveillance cameras.
• Self-governance meetings consist of a regular monthly meeting and extraordinary meetings.
• Self-governed living time runs from the end of the daily schedule until wake-up time the next day.

L. Related Leading Cases

① Classification review results are not administrative dispositions

Classification review of sentenced inmates is merely an internal decision-making process of the correctional institution and does not directly affect inmates’ rights or obligations, so it is not an administrative disposition. An action to revoke the classification review result itself is therefore improper and dismissed. (Gwangju District Court Decision 2017Guhap10081, decided September 14, 2017)

② A security treatment class decision is an administrative disposition and a discretionary act

A decision on the security treatment class directly affects a sentenced inmate’s legal status and is therefore an administrative disposition subject to an appeal action. However, adjusting the security treatment class is a discretionary act of the warden, so a reasonable judgment made in accordance with discretionary rules is respected. (Daegu District Court Decision 2016Guhap1402, decided June 9, 2017)

③ Deviation from discretion by failing to apply the amended Directive on Classification and Treatment Work

Where the defendant conducted the classification investigation and review under the former Directive rather than the amended Directive already in force at the time of the disposition, the administrative agency failed to follow discretionary rules it had itself made, and the unlawfulness of a deviation from discretion is recognized. (Cheongju District Court Decision 2024Guhap52378, decided February 12, 2026)

④ Interest in suing to revoke a disciplinary punishment — disadvantage in classification review

Even after a disciplinary punishment has been fully executed, a legal interest in seeking its revocation is recognized where the disciplinary record may affect the outcome of later regular re-reviews and lead to disadvantages in treatment. Such disadvantages include a lower security treatment class, restrictions on the number of visits and telephone calls, and restrictions on participating in Family Day events. (Busan District Court Decision 2018Guhap1191, decided May 30, 2019; Gwangju District Court Decision 2017Guhap190, decided October 26, 2017)

By contrast, the interest in suing is denied where 6 months have passed since the punishment ended so that there is no risk of aggravated punishment, and any disadvantage in classification review is merely indirect or de facto. (Chuncheon District Court Decision 2020Guhap204, decided November 24, 2020; Busan District Court Decision 2023Guhap765, decided June 13, 2024)

13. Directive on the Treatment of Sentenced Inmates by Security Level of Correctional Institutions

[Effective July 1, 2024; Ministry of Justice Established Rule No. 1340]

A. Purpose and Classification of Institutions

This Directive sets out the treatment of sentenced inmates according to the security level of correctional institutions and the matters necessary for its implementation (Article 1). (Source: Security-Level Treatment Directive, No. 1340, p. 1)

Correctional institutions are classified by security level into open institutions, low-security institutions, general-security institutions and maximum-security institutions. Even within the same correctional institution, sections may be designated with different security levels (Article 2). (Source: Security-Level Treatment Directive, No. 1340, p. 1)

B. Principles of Treatment of Sentenced Inmates

Principles of treatment (Article 4) (Source: Security-Level Treatment Directive, No. 1340, p. 1)

• Open and low-security treatment classes: treatment focused on cultivating autonomy and a sense of responsibility and on supporting reintegration into society
• General-security and maximum-security treatment classes: treatment based on strict execution of sentences to cultivate respect for the law

Principles of accommodation and treatment by security level (Article 5(3)) (Source: Security-Level Treatment Directive, No. 1340, pp. 1–2)

C. Facility Standards and Special Equipment

• Open and low-security institutions: welfare facilities such as multipurpose rooms, lounges, reading rooms, TV rooms and hobby rooms may be installed (Article 9). (Source: Security-Level Treatment Directive, No. 1340, p. 2)
• Open treatment sections of open or low-security institutions: iron bars need not be installed in cells (Article 10). (Source: Security-Level Treatment Directive, No. 1340, p. 2)
• Communal dining: the warden may install communal dining halls in open and low-security institutions and have sentenced inmates eat together (Article 11). (Source: Security-Level Treatment Directive, No. 1340, p. 2)

D. Main Treatment Standards by Security Treatment Class

Telephone calls (Article 18) (Source: Security-Level Treatment Directive, No. 1340, p. 3)

• For sentenced inmates in the open treatment class, the warden may set separate telephone hours outside working hours and on public holidays and may permit an increased number of calls.
• This may also apply to self-governing inmates in the low-security treatment class.

Television viewing (Article 20) (Source: Security-Level Treatment Directive, No. 1340, p. 3)

Self-governed living (Article 23) (Source: Security-Level Treatment Directive, No. 1340, p. 4)

• The warden may permit self-governed living for sentenced inmates in the open and low-security treatment classes.

Family Day events and Family Visit House (Articles 31 and 32) (Source: Security-Level Treatment Directive, No. 1340, pp. 4–5)

Vocational training (Article 38) (Source: Security-Level Treatment Directive, No. 1340, p. 5)

E. Intermediate Treatment

Selection criteria for intermediate treatment (Article 39) (Source: Security-Level Treatment Directive, No. 1340, pp. 5–6)

Matters to consider when selecting persons for intermediate treatment facilities are as follows.

• Security treatment class
• Likelihood of escape and reoffending
• Ability to handle work or education and training, considering age, health, mental state, etc.
• Likelihood of parole
• Period until the end of the sentence term (remaining term)

Excluded from selection for intermediate treatment: organized-crime offenders, drug offenders, persons disciplined within 1 year as of the recommendation date, vocational trainees, students in education programs, etc. (Source: Security-Level Treatment Directive, No. 1340, p. 6)

Grounds for canceling selection for intermediate treatment (Article 43) (Source: Security-Level Treatment Directive, No. 1340, p. 6)

• Where a disciplinary punishment has been resolved
• Where the violation of rules is so serious that treatment as an intermediate treatment subject is deemed inappropriate
• Where the inmate’s attitude toward education, training and work is poor
• Where an illness or emotional instability that makes education, training and work difficult to handle is discovered
• Where treatment as an intermediate treatment subject is deemed inappropriate because of psychological instability, etc.

F. Safety and Order

Opening the doors of cells and housing units (Article 46) (Source: Security-Level Treatment Directive, No. 1340, p. 7)

• The warden does not lock the doors of cells and housing units in open institutions, except where deemed necessary to maintain the safety and order of the institution.
• Housing unit doors are not opened from the end of the daily schedule until it begins again.

Unescorted movement (Article 47) (Source: Security-Level Treatment Directive, No. 1340, p. 7)

• The warden may permit sentenced inmates in open institutions to move about within the premises during the day without being guarded by a correctional officer.
• Self-governing inmates may be permitted unescorted movement for visits, telephone calls, attending small religious services, Medical Division consultations, etc.

G. Related Leading Cases

① No directness for a constitutional complaint against the Security-Level Treatment Directive

The Directive on the Treatment of Sentenced Inmates by Security Level of Correctional Institutions sets guidelines for the warden’s exercise of discretion. Any infringement of fundamental rights arises not from the Directive itself but only through the warden’s concrete act of enforcement. A constitutional complaint against provisions of the Directive is therefore improper for lack of directness. (Constitutional Court Decision 2011Hun-Ma270, 331 (consolidated), decided August 29, 2013)

② Constitutionality of restricting vocational training for inmates in the maximum-security treatment class

The provision of the Directive not permitting vocational training for sentenced inmates in the maximum-security treatment class sets guidelines for the warden’s exercise of discretion. Since the directness of any infringement of fundamental rights by the Directive itself is not recognized, it is not subject to a constitutional complaint. (Constitutional Court Decision 2022Hun-Ma1717, decided January 10, 2023)

③ Whether rejecting an application to use the Family Visit House is subject to an appeal action

Use of the Family Visit House is a beneficial reward system to support inmates’ reintegration into society, and inmates have no right to apply under statute or sound reasoning. The rejection of an application is therefore not an administrative disposition subject to an appeal action. (Daegu District Court Decision 2014Guhap1248, decided October 8, 2014)

14. Directive on the Operation of Classification Centers

[Effective October 21, 2026; Ministry of Justice Established Rule No. 1400]

A. Purpose and Key Terms

Under Article 61 of the Inmates Act and Article 86 of its Enforcement Decree, this Directive sets out matters concerning the operation of correctional institutions dedicated to the detailed classification review of high-risk sentenced inmates (classification centers) (Article 1). (Source: Classification Center Directive, No. 1400, p. 1)

(Source: Classification Center Directive, No. 1400, p. 1)

B. Structure and Work of Classification Centers

• At least one classification center is established and operated in each regional correctional headquarters (Article 11). (Source: Classification Center Directive, No. 1400, p. 3)
• Dedicated staff are made up of personnel with classification review experience, those qualified in counseling or clinical psychology, those who majored in psychology or related fields, etc. (Article 4). (Source: Classification Center Directive, No. 1400, p. 2)

Matters covered by the multidimensional assessment (Article 6) (Source: Classification Center Directive, No. 1400, p. 2)

• Factors commonly used to predict reoffending, such as economic status and family relationships
• Recidivism risk factors by crime type, such as homicide and sexual violence
• Matters relating to crime-inducing factors, such as criminal thinking
• Matters relating to establishing the inmate’s individualized treatment plan, such as ability to participate in programs and level of motivation

The multidimensional assessment is conducted at initial review and before release.

Recidivism risk assessment tools (Article 7) (Source: Classification Center Directive, No. 1400, p. 2)

• Recidivism risk assessment tool for sexual violence offenders
• High-risk violence assessment tool
• Screening tool for antisocial personality and personality disorders
• Multidimensional assessment tool for sentenced inmates
• Other recidivism risk assessment tools tailored to the characteristics of each crime type

C. Persons Subject to Classification Center Review

Crimes subject to review (Article 12) (Source: Classification Center Directive, No. 1400, p. 3)

Persons covered are those with a final sentence of imprisonment with labor of 2 years or more for the following crimes, for whom detailed classification review and multidimensional assessment are deemed necessary.

In addition, the head of the classification center may select sentenced inmates who committed crimes with a major social impact, such as kidnapping, abduction, human trafficking and stalking. The head may also select sentenced inmates who may progress into high-risk offenders, such as those convicted of theft or fraud.

Persons excluded from review (Article 13) (Source: Classification Center Directive, No. 1400, p. 4)

• Elderly inmates, inmates with disabilities, foreign inmates
• Sentenced inmates designated as organized-crime inmates
• Persons with less than 1 year until the end of their sentence term

D. Risk Levels

Risk levels (Article 27) (Source: Classification Center Directive, No. 1400, pp. 6–7)

E. Recidivism Risk Assessment Committee

Composition and operation (Articles 29 to 37) (Source: Classification Center Directive, No. 1400, pp. 7–8)

• A Recidivism Risk Assessment Committee is established in the regional correctional headquarters that has jurisdiction over the classification center.
• The Committee consists of at least 5 and no more than 9 members, including the chair, and the head of the regional correctional headquarters serves as chair.
• Meetings are held on the 15th of each month.
• A quorum requires the attendance of at least 2/3 of all members, and resolutions require the approval of a majority of those present.

Matters for deliberation and resolution (Article 31) (Source: Classification Center Directive, No. 1400, p. 7)

• Matters concerning the determination of risk levels
• Matters concerning classification review, such as treatment classifications and recidivism prediction grades
• Matters concerning the establishment of individualized treatment plans
• Matters concerning transfer to treatment facilities

F. Pre-Release Assessment and Information Sharing

• The head of the classification center must conduct a pre-release assessment of persons who have completed detailed classification review and have 6 months or less until the end of their sentence term (Article 26). (Source: Classification Center Directive, No. 1400, p. 6)
• When a high-risk sentenced inmate is released, the head of the classification center may provide relevant information to police stations, probation offices, the Korea Rehabilitation Agency, etc. (Article 42). (Source: Classification Center Directive, No. 1400, p. 9)

15. Directive on Parole Work

[Effective March 30, 2026; Ministry of Justice Established Rule No. 1384]

A. Purpose and Scope

This Directive aims to ensure fairness and efficiency in selecting persons for whom a parole eligibility review will be requested, through substantive and objective preliminary parole review. It also sets out matters necessary for parole work, such as the smooth reintegration of persons scheduled for parole (Article 1). It applies to adult sentenced inmates held in prisons, juvenile prisons, detention centers and their branches (Article 2). (Source: Parole Work Directive, No. 1384, p. 1)

B. Timing and Reference Dates of Parole

Regular parole (Article 3) (Source: Parole Work Directive, No. 1384, p. 1)

• Months: January, March, April, June, July, September and November
• Persons covered: sentenced inmates serving sentences of imprisonment with or without labor (excluding inmates serving life sentences)
• Reference date: the 30th of each month (or the preceding day if it falls on a non-working day or public holiday)

Commemorative-day parole (Article 4) (Source: Parole Work Directive, No. 1384, p. 1)

C. Types of Parole Review

Priority among review types (Articles 5 to 13) (Source: Parole Work Directive, No. 1384, pp. 1–3)

Where an inmate falls under two or more types, the following order of priority applies.

Managed offenders (Article 7) (Source: Parole Work Directive, No. 1384, p. 2)

• Organized-crime offenders (where the judgment states that the person was a member of a criminal organization at the time of the offense)
• Drug offenders (excluding those falling under the proviso for general offenders)
• Sexual violence offenders against children under 13, persons with disabilities, and relatives
• All kidnapping and trafficking offenders, including abduction or sale of minors

Restricted offenders (Article 10) (Source: Parole Work Directive, No. 1384, p. 2)

• Persons sentenced to a fine or heavier for a crime committed while in custody
• Persons for whom a disciplinary punishment was resolved for violating rules and for whom the period prescribed in Article 234 of the Enforcement Rules has not passed by the parole reference date
• Persons who reoffended within 1 year after the end of a sentence term (excluding crimes of negligence)
• Persons who reoffended within 3 years after parole or pardon (excluding crimes of negligence)
• Sentenced inmates serving a fixed-term sentence of imprisonment with or without labor for any homicide, robbery, rape or indecent assault offense
• Persons whose total unrepaid or unsettled loss from the crime amounts to KRW 2 billion or more
• Persons who have not paid a criminal forfeiture-in-value amount

Special rule for general offenders (proviso to Article 12) (Source: Parole Work Directive, No. 1384, p. 2)

Drug offenders (limited to offenses of simple drug use with 3 or fewer prior offenses) are included among general offenders if they have completed rehabilitation education in the correctional institution, consented to the condition of treatment at a specialized community treatment and protection institution after release on parole, and submitted a consent form.

D. Preliminary Parole Review

Preliminary parole meeting (Article 14) (Source: Parole Work Directive, No. 1384, p. 3)

• A preliminary parole meeting is held at the Classification and Treatment Committee to select persons for whom a parole eligibility review will be requested.
• The preliminary meeting is held as an extraordinary meeting on the 2nd day (excluding holidays) after the Classification and Treatment Committee meeting.

Selection of persons subject to preliminary review (Article 15) (Source: Parole Work Directive, No. 1384, p. 3)

• All sentenced inmates who have completed initial classification review and have passed the “Selection Standards for Persons Subject to Preliminary Parole Review” in Annex 1 must be selected for preliminary review.
• As a rule, Annex 1 is not disclosed.
• Sentenced inmates with a sentence not yet executed as of the day before the preliminary meeting are excluded from preliminary review.

Handling persons with additional pending cases (Article 20) (Source: Parole Work Directive, No. 1384, p. 4)

• Where a person subject to preliminary review has a case under investigation or trial, the opinions of the court, prosecution and other relevant agencies must be obtained and reflected in the preliminary review.

Persons with unpaid fines and petty fines (Article 21) (Source: Parole Work Directive, No. 1384, p. 4)

• Persons with fines or petty fines may have a parole eligibility review requested if they have paid them in full by the day before the preliminary meeting.

E. Documents for Requesting a Parole Eligibility Review

Main attached documents (Article 24) (Source: Parole Work Directive, No. 1384, p. 4)

• List of persons for whom a parole eligibility review is requested
• Application for parole eligibility review
• Parole eligibility review and personal background report
• Copy of the sentence execution order, copy of the judgment, criminal record check
• Supporting documents such as records of rewards and punishments, technical qualifications obtained, and disciplinary history

Sending documents (Article 25) (Source: Parole Work Directive, No. 1384, p. 5)

• The request for parole eligibility review and related documents must reach the Parole Review Committee within 5 working days after the preliminary parole meeting for the parole reference date.

F. Main Entries in the Parole Eligibility Review and Personal Background Report

Calculation of the remaining term (Article 35) (Source: Parole Work Directive, No. 1384, p. 6)

• The remaining term is calculated by the calendar in the order of years, months and days.
• Remaining-term ratio = remaining term ÷ sentence term × 100 (1 month is converted to 30 days and 1 year to 365 days)
• Recorded to one decimal place without rounding.

Entry of rule violations (Article 43) (Source: Parole Work Directive, No. 1384, p. 6)

• Disciplinary punishments received while in custody are entered. However, disciplinary punishments that have lapsed are not entered.

G. In-Depth Interviews

In-depth interviewers (Article 61) (Source: Parole Work Directive, No. 1384, p. 9)

• In-depth interviewers are assigned to the classification center of each regional correctional headquarters.
• Staff are appointed who hold counseling or psychology-related qualifications, or who have extensive experience counseling inmates and a strong understanding of the parole system.
• After conducting an in-depth interview, the interviewer submits an in-depth interview report at least 5 days before the Parole Review Committee meeting.

Matters covered by the in-depth interview (Article 63) (Source: Parole Work Directive, No. 1384, p. 9)

• Psychological stability, attitude toward work and daily life, mental and physical health
• Feelings toward the victim, likelihood of retaliatory crime, ability to avoid crime-inducing factors
• Degree of ability to adapt to society, strength of family ties
• Risk of reoffending, readiness for reintegration into society, etc.

H. Treatment and Notification of Persons Granted (Scheduled for) Parole

• The warden must report the status of persons granted (scheduled for) parole to the Minister of Justice at least 2 days before the scheduled parole date (Article 67). (Source: Parole Work Directive, No. 1384, p. 10)
• Parole statistics are reported to the head of the regional correctional headquarters within 5 days after parole is carried out, and each regional head reports them to the Ministry of Justice’s Classification Review Division within 3 days (Article 71). (Source: Parole Work Directive, No. 1384, p. 10)

I. Revocation and Lapse of Parole

Request for parole revocation review (Article 73) (Source: Parole Work Directive, No. 1384, p. 10)

• Where the warden intends to request a review for revocation of parole, a resolution of the Classification and Treatment Committee is required.
• Where there are urgent grounds under which a revocation of parole is deemed appropriate, a request for revocation may be made by telephone without the resolution above.
• Where a parolee is admitted to a correctional institution for reoffending during the parole period (excluding crimes of negligence), parole is, as a rule, made to lapse once the sentence becomes final.

J. Related Leading Cases

① Parole is a discretionary measure, not a right of the sentenced inmate

Parole is not granted at the individual request or wish of a sentenced inmate. It is a discretionary measure taken according to the correctional policy or criminal policy judgment of the correctional authorities. Even if a sentenced inmate meets the requirements of Article 72(1) of the Criminal Act, that alone does not give the inmate a subjective right to demand parole from the correctional authorities, nor does it impose on them a legal duty to grant it. A sentenced inmate obtains the de facto benefit of release before the end of the sentence term only when the correctional authorities make a concrete administrative disposition granting parole. (Constitutional Court Decision 2006Hun-Ma298, decided July 26, 2007; Constitutional Court Decision 2009Hun-Ma70, decided December 28, 2010)

This legal principle is applied consistently in the following specific situations.

The Directive on Parole Work itself is not subject to a constitutional complaint: The Directive on Parole Work is merely a guideline or administrative rule for the warden or the Classification and Treatment Committee in selecting persons for whom a parole eligibility review will be requested, and it has no external binding force. It therefore cannot be regarded as an exercise of public power that directly changes citizens’ rights or obligations, and it is not subject to a constitutional complaint. (Constitutional Court Decision 2013Hun-Ma139, decided April 9, 2013; Constitutional Court Decision 2015Hun-Ma986, decided October 20, 2015)

Exclusion from parole review based on REPI grade criteria: The provision in Annex 1 of the Directive on Parole Work excluding from parole review those whose REPI grade is at or below a certain level is merely an internal executive guideline without external binding force, and is not subject to a constitutional complaint. (Constitutional Court Decision 2021Hun-Ma80, decided February 9, 2021)

Exclusion of drug offenders from parole review: Regarding the claim that excluding drug offenders from parole infringes the complainant’s right to equality, the Court held as follows. Because parole is a discretionary measure, sentenced inmates have no subjective right to apply for parole or for a parole eligibility review. The complainant’s current legal relationship is not adversely changed by the exclusion, nor is any concrete and direct legal status adversely altered. It is therefore not an exercise of public power subject to a constitutional complaint. (Constitutional Court Decision 2018Hun-Ma616, decided June 29, 2018)

② No right to apply for a parole eligibility review — the warden’s discretion

The warden decides which sentenced inmates who have passed the period in Article 72(1) of the Criminal Act may be recognized as eligible for parole review, and requests a parole eligibility review from the Parole Review Committee. However, this provision cannot be regarded as giving sentenced inmates a subjective right to apply for a parole eligibility review. Accordingly, the warden’s failure to request a parole eligibility review for the plaintiff cannot be regarded as unlawful in any way. (Seoul High Court Decision 2019Nu50696, decided November 27, 2019; Daegu District Court, Western Branch Decision 2024Gadan676, decided June 13, 2025)

③ No right of inmates transferred to Korea to apply for parole or commutation

Because the plaintiff, an inmate transferred to Korea, has no right to demand that parole be granted or that a commutation be recommended, the defendant cannot be regarded as having a legal duty to respond with a disposition. The part of the action seeking confirmation of the illegality of an omission is improper, since there is no unlawful omission subject to an appeal action. (Seoul High Court Decision 2023Nu41156, decided February 14, 2024)

④ Whether the supplementary provision tightening parole requirements for life sentences violates the principle of protection of legitimate expectations

The amended Criminal Act raised the parole requirement for persons serving life sentences from “10 years or more” to “20 years or more” of the sentence served. A supplementary provision applied it to persons already in custody when the Act was amended. On the question of whether this violated the principle of protection of legitimate expectations and infringed physical liberty, the Court held as follows. A sentenced inmate does not acquire a right to demand parole merely by meeting the minimum-time-served requirement in the Criminal Act, so there is no need to protect the complainant’s expectation as a constitutional right. (Constitutional Court Decision 2011Hun-Ma408, decided August 29, 2013)

⑤ Lawfulness of revoking parole for violations during the parole period

During the parole period, a parolee, without the permission of the head of the supervising police station, continued to hold illegal demonstrations and sit-ins demanding the abolition of the law-abiding pledge system and the National Security Act. The parolee did so despite two verbal admonitions and a written order to withdraw from the head of the supervising police station. Revoking parole in these circumstances was not a deviation from or abuse of discretion. (Seoul Administrative Court Decision 2000Gu4575, decided July 28, 2000)

16. Directive on the Operation of the Parole Review Committee

[Effective March 30, 2026; Ministry of Justice Established Rule No. 1383]

A. Purpose and Key Principle

• This Directive sets out the detailed matters necessary for the efficient operation of the Parole Review Committee (Article 1).
• Members and staff of the Parole Review Committee (the “Committee”) must keep confidential any secrets learned in connection with their duties, such as the course of the Committee’s review and the content of votes (Article 2).

B. Procedure for Commissioning External Members

• When commissioning external members, the chair must recommend them to the Minister of Justice (Article 3(1)).
• Candidates must complete a professional ethics pre-assessment, and the Minister of Justice must confirm each candidate’s suitability for the duties of a member based on the pre-assessment results before commissioning them (Article 3-2(1)).
• When members are commissioned, they must sign a professional ethics pledge to ensure fair performance of their duties relating to the Committee’s work (Article 3-2(2)).
• The list of members and their career backgrounds are disclosed through information and communications networks, etc. immediately upon appointment or commissioning (Article 3-3(2)).

C. Staff

• Secretary: the head of the Ministry of Justice’s Classification Review Division, or a person holding the position of Deputy Director or Correctional Superintendent in the Classification Review Division (Article 4(1)).
• Clerks: no more than 3, appointed from among the staff of the Ministry of Justice’s Classification Review Division (Article 4(2)).

D. Operation of Meetings

Regular meetings (Articles 5 and 6)

• Committee meetings are convened regularly once a month.
• The chair may convene an extraordinary meeting when deemed necessary.
• The dates of regular meetings are decided at Committee meetings.
• The secretary reports the main content of agenda items scheduled for the Committee to the chair in advance to finalize them.

Written resolutions (Article 8)

• The chair may decide on a written resolution where there is no time to hold a meeting or the matter is deemed minor.

E. Preparation and Distribution of Review Materials

Preparation of review materials (Article 9)

• After reviewing the materials submitted with requests for parole eligibility review and parole revocation review, the secretary must enter his or her review opinion and reasons in the parole eligibility review and personal background report, the parole revocation review and investigation report, etc.
• Review opinions on parole eligibility are classified as eligible, ineligible, deferred, or requiring careful review.
• For each review agenda item, the secretary prepares a review agenda statement listing the name of the person under review, the requesting institution, the secretary’s opinion, etc., and a review agenda summary consolidating these.
• The secretary distributes the review materials to each member at least 7 days before the meeting. In unavoidable cases, however, they may be distributed on the day of the meeting.
• The secretary collects the review materials distributed to each member after the meeting ends.

F. Review Procedure

Attendance of persons under review and related persons (Article 10)

• The chair may have persons under review and related persons attend the Committee when it is necessary to seek their opinions or hear their statements.

Principle of closed meetings (Article 11)

• Meetings are not open to the public. However, the chair may permit related persons or others to attend a meeting when necessary.

Deferral of review (Article 13)

• The chair may defer a decision to the next meeting on agenda items judged to need re-review.

Voting (Article 14)

• For each agenda item whose review has been completed, approval or rejection is decided by vote.
• The chair participates in voting, and where the votes on an item are tied, the item is deemed rejected.
• Items resolved as deferred are included among the persons subject to parole eligibility review at the next meeting.
• During voting, the chair may have anyone other than the secretary, clerks and members leave the room.

G. Deliberation Statements and Minutes

Preparation and disclosure of deliberation statements (Article 15)

• The secretary prepares a Parole Review Committee deliberation statement recording the Committee’s main decisions, has each member sign and seal it, and binds it into the minutes.
• The deliberation statement is disclosed through information and communications networks, etc. after the relevant parole decision is made. However, any parts that could identify individuals are deleted before disclosure.

Preparation and disclosure of minutes (Article 16)

• The clerk attends meetings, prepares the minutes, obtains the signatures or seals of the secretary and the chair, and keeps them.
• The minutes record ① the type, date, time and place of the meeting, ② the members, secretary and clerks present, ③ a summary of the agenda items, ④ the course of the review, ⑤ the matters deliberated, and ⑥ other necessary matters.
• The minutes are disclosed through information and communications networks, etc. once 5 years have passed since the relevant parole decision. However, any parts that could identify individuals are deleted before disclosure.

H. Notification of Results

• The list of persons granted parole is sent to the Director General of the Ministry of Justice’s Crime Prevention Policy Bureau and to the heads of the relevant correctional institutions (Article 17).

<Summary of the Relationship Among the Five Directives>

Inmates Act (Act), Articles 57, 59, 61 and 119–122
    ↓ delegation
Enforcement Rules of the Inmates Act (Ministry of Justice Ordinance), Articles 62–81, 245–260, etc.
    ↓ delegation
┌────────────────────────────────────────────────────────────────────────────────────┐
│ Classification and Treatment Work Directive (Established Rule) │ Security-Level Treatment Directive (Established Rule)          │
│ Classification Center Directive (Established Rule)             │ Parole Work Directive (Established Rule)                       │
│                                                                │ Parole Review Committee Directive (Established Rule)           │
└────────────────────────────────────────────────────────────────────────────────────┘

17. Regulations on the Operation of the Correctional Special Judicial Police

[Effective October 19, 2026; Ministry of Justice Directive No. 1645]

A. Purpose and Legal Basis

These Regulations set out matters necessary for performing the duties of judicial police officers and officials. Their basis is Article 3(1) and (4) and Article 5, Items 1 and 2 of the Act on Persons Performing the Duties of Judicial Police Officials and the Scope of Their Duties, and the Enforcement Rules of the Organization of the Ministry of Justice and Its Affiliated Agencies (Article 1).

B. Key Terms

C. Organizational Structure

Composition of dedicated units (Articles 4 and 5)

The 11 major institutions are Seoul Detention Center, Seoul Southern Detention Center, Seoul Eastern Detention Center, Busan Detention Center, Suwon Detention Center, Incheon Detention Center, Daegu Prison, Daejeon Prison, Anyang Prison, Gwangju Prison, and Gyeongbuk Northern Prison No. 1.

D. Duties of Each Unit

Duties of the Special Inspection Team (Article 6)

• Planning and carrying out regular and ad hoc circuit inspections of correctional institutions
• Investigating crimes and major incidents occurring inside correctional institutions
• Supporting and supervising Regional Special Judicial Police Teams, Special Judicial Police Teams and Special Judicial Police Squads
• Developing correctional police investigation and intelligence capabilities, such as through work manuals and training support
• Handling inmate petitions and complaints and protecting human rights
• Collecting and analyzing intelligence for criminal investigation and the prevention of correctional incidents

Duties of Regional Special Judicial Police Teams (Article 7)

• Investigating correctional incidents involving inmates, staff and outsiders at correctional institutions within their jurisdiction
• Investigating and handling crimes occurring inside correctional institutions within their jurisdiction
• Investigating matters relating to inmate petitions, complaints and civil petitions
• Conducting regular and ad hoc circuit inspections, internal affairs reviews, audits and other inspections of correctional institutions within their jurisdiction

Duties of Special Judicial Police Teams and Squads (Article 8)

• Investigating correctional incidents involving inmates at the institution and requesting disciplinary action
• Investigating and handling crimes occurring inside the institution
• Providing remedies for inmates’ rights, such as petitions, complaints and litigation affairs
• Counseling inmates and handling their grievances, other than matters handled by the psychological treatment team (or Psychological Treatment Division)
• Managing inmates with special needs, such as inmates subject to strict management and foreign inmates

E. Operation

Job training (Article 9)

• The head of the Special Inspection Team must identify training needs for improving correctional police officers’ job performance and qualities, so that regular training can be provided at the Institute of Justice.
• Training may be outsourced to specialized investigation and intelligence training institutions.

Reporting (Article 11)

• Where an inmate files a criminal complaint or accusation concerning the operation of a correctional institution, a damages suit against the State, a constitutional complaint, etc., the warden must handle it in accordance with due process and report the outcome to the Minister of Justice without delay.

F. Collection and Management of Intelligence

Intelligence activities (Article 12)

• Correctional police may conduct intelligence activities for criminal investigation and the prevention of correctional incidents.
• Intelligence activities must follow due process and be limited to the minimum necessary to achieve their purpose.
• Correctional police must not disclose information learned in the course of duty or use it for any other purpose.

Listening to and viewing records of visits and telephone calls (Article 13)

Where necessary for intelligence activities, the heads of regional correctional headquarters, etc. may grant correctional police search authority to listen to and view the following.

• Contents of visits stored in audio or video recordings under Article 41(4) of the Inmates Act
• Contents of telephone calls stored in audio recordings under Article 44(2) of the Inmates Act

Management of intelligence (Article 15)

• Intelligence suitable for the purposes of criminal investigation and preventing correctional incidents must be entered into and managed in the correctional information system.
• Intelligence collected or prepared must be destroyed without delay once its purpose has been achieved and it is no longer needed.

G. Investigation and Discipline of Inmates

Points for investigating officers (Article 16)

When investigating an inmate’s conduct subject to discipline, particular attention must be paid to the following.

• Collect evidence, such as photographing or recording the scene of the rule violation and preparing written statements or statement records
• Do not coerce confessions
• Do not handle cases half-heartedly out of sympathy or because staff are involved
• Give the inmate a full opportunity to explain when preparing a statement record
• Where judged necessary during the investigation, record the investigation in audio or video for use as evidence

Points for investigating persons subject to discipline (Article 17)

• To restrict the treatment of a person subject to discipline, the restriction must be entered into the correctional information system and the warden’s permission obtained.
• To extend the investigation period, the number of days of the extension, the reasons and the treatment restrictions must be entered into the correctional information system and the warden’s permission obtained.

Issuing a notice of commencement of investigation (Article 17(3))

When an investigation of a person subject to discipline begins, a notice of commencement of investigation stating the following must be prepared and given to the inmate.

• Grounds for the investigation under Article 107 of the Inmates Act and Article 214 of the Enforcement Rules
• Whether the inmate will be held separately during the investigation under Article 110(1) of the Inmates Act
• Treatment restrictions under Articles 48(2) and 110(2) of the Inmates Act
• The investigation period under Article 220(1) of the Enforcement Rules

Partial crediting of the investigation period toward the disciplinary period (Article 20)

• Where part of the investigation period is credited toward the disciplinary period, the decision is made considering the person’s correctional record, degree of remorse, extent of rule violations and treatment restrictions, etc., but at least 1/2 must be credited.

Criminal booking (Article 21)

• Where disciplinary punishment is to be imposed on an inmate for conduct subject to discipline under Article 107, Item 1 of the Inmates Act, whether to book the matter as a criminal case must be reviewed.
• When a crime committed by an inmate or other person inside a correctional institution is booked as a criminal case, the case must be referred to the prosecution and must not be reported directly to an investigative agency or the like. However, a direct report may be made where unavoidable for the investigation.

H. Investigation

Basic principles of investigation (Article 22)

• In every stage of an investigation, correctional police must protect the rights of suspects, victims, witnesses and others guaranteed by the Constitution and laws and must follow due process.
• Correctional police must investigate promptly without prejudgment or bias and must not exercise their powers arbitrarily or abuse them.

Prohibition on disclosing investigated cases (Article 23)

• Investigations must be kept strictly confidential, and in every stage efforts must be made to protect the privacy of suspects and persons involved and to prevent damage to their honor or reputation.
• Correctional police must not disclose investigation matters, personal information of suspects and persons involved, or other facts learned in the course of duty.

Jurisdiction over cases (Article 24)

• Jurisdiction is based on the correctional institution where the crime occurred, or the correctional institution where the suspect is held or to which the suspect belongs.
• Where the place of the crime and the suspect’s institution differ, the institution that first received the case has jurisdiction, absent special circumstances.

Investigation of sexual violence crimes (Articles 25 and 26)

• The heads of regional correctional headquarters, etc. must designate investigators dedicated to sexual violence victims from among their correctional police and, absent special circumstances, have them interview the victims.
• Female victims of sexual violence must be interviewed by a dedicated female investigator unless this is against the victim’s wishes.
• In investigating sexual violence crimes, the victim’s human rights must be the top priority.

Investigations involving persons with disabilities (Articles 27 to 30)

• Correctional police must check whether a person involved in a case has a disability that makes communication or expression difficult, and must inform that person that assistance is available during the investigation and what that assistance involves.
• Investigators dedicated to persons with developmental disabilities must complete initial training within 1 year of designation and refresher training within 2 years of their initial or previous refresher training.

18. Directive on Disciplinary Standards by Type of Correctional Incident

[Effective April 1, 2022; Ministry of Justice Established Rule No. 1295]

A. Purpose and Basic Policy

This Directive aims to establish disciplinary standards for correctional incidents so as to ensure consistency in discipline across institutions. It also seeks to minimize disadvantages to the staff involved, fostering a culture in which staff can work with conviction (Article 1).

Basic policy (Article 2)

B. Disciplinary Standards by Type and Matters to Consider

Disciplinary standards by type (Article 3)

• Disciplinary standards by type of correctional incident follow the “Table of Staff Disciplinary Standards by Type of Correctional Incident” in Annex 1.

Matters to consider (Article 4)

• Cases not specified in Annex 1 are handled by reference to the standards for similar incident types and in accordance with the Enforcement Rules of the Decree on Disciplinary Action against Public Officials.
• The specific level of discipline for each individual is determined considering all circumstances, including the type and severity of the incident, the degree of negligence, and the incident’s impact inside and outside the public service.
• The disciplinary standard for supervisors connected with an incident is determined considering the nature of the incident, the degree of their involvement, the level of discipline for those they supervise, etc.

19. Directive on Accommodation Classification, Transfer, Records, etc.

[Last amended March 2, 2022; Ministry of Justice Established Rule No. 1294]

A. Purpose and Scope

This Directive sets out detailed matters on custody records work, accommodation classification and transfer work for inmates held in prisons, detention centers and their branches (Article 1). It applies to custody records work, such as inmate admission, management of custody record books, handling litigation documents, calculating sentence terms, executing sentences and release, and to accommodation classification and transfer work at correctional institutions (Article 2).

B. Inmate Admission Work

Admission procedure for new arrivals, etc. and notification of family (Article 3)

• The head of the Security Division must complete all admission work, such as checking commitment orders and other admission documents for errors and verifying the inmate’s personal details. The head then prepares a receipt and gives it to the escorting officer.
• For new arrivals whose identity is difficult to confirm from admission documents alone, the inmate fingerprint verification system (linked to the Korean National Police Agency) may be used to confirm identity.
• The warden must ask new arrivals and transferred-in inmates whether they consent to their family (spouse, lineal ascendants and descendants, siblings) being notified of their admission, and where consent is given, must notify them without delay.

Operation of admission and release rooms (Article 4)

• Admission rooms and release rooms must be operated separately. However, they may be shared where the number of admissions and releases is small.
• The admission procedure guide in Form No. 2 must be posted in admission rooms.

Clothing and body searches of new arrivals, etc. (Article 5)

• Clothing and body searches of new arrivals, etc. must be conducted after explaining their purpose in advance. They are conducted in admission and release rooms divided by partitions or the like, with inmates grouped by age: under 19, 19 to under 40, 40 to under 60, and 60 or over.
• Clothing and body searches of female new arrivals, etc. must be conducted by female correctional officers in a separate admission and release room.

C. Management of Inmate Custody Record Books

Preparing custody record books (Article 12)

• The warden must prepare a custody record book for each new arrival within 3 days of admission, based on the detention warrant, etc., and enter the same content into the correctional information system.

Photographs (Article 13)

• Within 3 days of admission, the warden must take a color photograph of the face of every new arrival (size: 3 cm wide × 4 cm high), attach it to the custody record book, and register it in the correctional information system.
• For inmates sentenced to death, life imprisonment, long-term inmates with 7 or more years remaining, etc., a new photograph must be taken every 3 years and added to the record.

Inspection of custody record books and reporting of results (Article 17)

• At the end of each month, the head of the General Affairs Division or others must check whether the number of inmates matches the custody record books, the lending status, any losses, etc. The results must be reported to the warden in writing by the 5th of the following month.

D. Handling Litigation Documents

Receipt of indictments (Article 23)

• When the warden receives a copy of an indictment from a court, the warden must confirm whether the inmate is held at the institution. The warden then records the inmate’s name, date of receipt, competent court, type of document, case number, etc. in the register of receipt and delivery of litigation documents and delivers the document to the inmate.

Notification of trial dates (Article 25)

• When the warden is notified by a court of a defendant’s first trial date, the warden must notify the defendant without delay, record the date and time of notification in the relevant register, and obtain the defendant’s thumbprint.

E. Sentence Execution Work

Commencement of the sentence term (Article 48)

Calculating the end date of the sentence term (Article 49)

• The sentence term is counted by the calendar from its commencement date to fix a provisional end date, without deducting days of pretrial detention credited, etc. The end date is then fixed by deducting from the provisional end date, in order, the days of pretrial detention credited, periods excluded from execution, and the period of any commutation.
• The end date of the sentence term is calculated in the way most favorable to the sentenced inmate within the scope of the law.

Calculating the dates for 1/3, 1/2 and 2/3 of the sentence term (Article 53)

• Years that cannot be divided evenly are converted into months and divided, months that cannot be divided evenly are converted into days and divided, and any fraction of a day is counted as 1 day.
• For life sentences, the 1/2, 1/3 and 2/3 points are calculated treating the sentence term as 20 years.

F. Inmate Release Work

Release of inmates whose sentence term has ended (Article 43)

• For inmates scheduled to complete their sentence, the accuracy of the sentence calculation, any additional cases, whether a suspended sentence has been revoked, whether there is workhouse confinement, etc. must be checked 1 month before release.
• When releasing an inmate whose sentence term has ended, the warden must release the inmate after 05:00 on the end date.

Release of parolees, pardoned persons, etc. (Article 44)

• Parolees and persons whose pardon (commutation) has become final must be released at the designated date and time. If no date and time of release is designated, they must be released within 12 hours of receipt of the release documents.

Notification of inmate release (Article 45)

Notification of release must be given for the following crimes.

Timing of notification by ground of release:

• End of sentence term: 1 month before release, to the head of the police station with jurisdiction over the place of return residence
• Pardon, exemption from execution of sentence, suspended sentence: immediately upon release, to the head of the police station with jurisdiction over the place of return residence
• Suspension of execution of sentence: immediately upon release, to the chief prosecutor (or branch chief) of the prosecutors’ office that directed the execution and to the head of the police station with jurisdiction over the place of return residence
• For persons subject to electronic monitoring, the head of the probation office with jurisdiction over the person’s residence must be notified at least 5 days before release.
• For foreign inmates, the Immigration Office must be notified of the release 5 days before release for those whose sentence term has ended. For those released for other reasons, such as parole or a suspended sentence, it must be notified without delay before release.

G. Inmate Transfer Work

Transfer according to accommodation classification (Article 57)

• Unsentenced inmates and sentenced inmates whose trials are ongoing are transferred to the appropriate correctional institution according to accommodation classification, without a separate transfer application procedure.
• Juveniles with final sentences, persons under medical treatment and custody, persons under protective custody, Hansen’s disease patients, foreign nationals, etc. are likewise transferred to the appropriate institution according to accommodation classification, without a separate transfer application procedure.

Transfer upon application (Article 58)

• Transfers of sentenced inmates and others with final sentences are carried out after applying to the Minister of Justice with a transfer application attached and obtaining approval.
• The transfer application for sentenced inmates and others with final sentences must be made within 7 days of the Classification and Treatment Committee’s resolution following classification review.

Exclusion from transfer applications (Article 59)

• Persons with 3 months or less remaining on their sentence are excluded from transfer applications, except where there are special reasons, such as relieving overcrowding or adjusting accommodation classification.

Carrying out transfers (Article 75)

• The transfer of an inmate must be carried out within 1 month of receipt of the official letter ordering the transfer.

Deferral of transfer for parole applicants (Article 80)

• The transfer of a person for whom parole review has been requested must be deferred until the Ministry of Justice’s Parole Review Committee completes its review.

H. Key Points on Sentence Calculation

Crediting toward the sentence term when admitted during a suspension of execution of sentence (Article 51)

• The day of release under the law, such as by suspension of execution of sentence or parole, is credited toward the sentence term. However, the day of escape is not credited.
• Where a person whose execution of sentence (or detention) was suspended due to illness, etc. remains hospitalized at an outside medical facility because they have no relatives or their family refuses to take custody of them, that period is not credited toward the sentence term or days in custody.

Application to change the order of execution of sentences (Article 37)

The warden may decline to apply to the competent prosecutors’ office for a change in the order of execution of sentences where any of the following applies.

• Where less than 1/3 of the sentence term currently being served has been executed (for life sentences, where 10 years have not passed)
• Where there is an additional case still pending trial
• Where the inmate has received disciplinary confinement or heavier within the past year
• Where a person with a large unpaid fine appears to be abusing the process as a means of avoiding payment

20. Directive on Custody Management and Guarding Work

[Last amended March 18, 2024; Ministry of Justice Directive No. 1520]

A. Purpose and Scope

This Directive sets out basic matters concerning the management of inmates under the Inmates Act, its Enforcement Decree and Enforcement Rules, and the maintenance of safety and order in prisons, detention centers and their branches. It also covers the security duties and guarding work of correctional officers working in correctional institutions under Articles 5, 18 and 48 of the Rules on the Duties of Correctional Officers (Article 1).

B. Management of Inmates Subject to Strict Management

Markings on custody record books, etc. (Articles 6 and 7)

Separate accommodation of drug offender inmates (Article 14)

• Drug offender inmates are held separately as true first-time offenders and repeat offenders. Except where unavoidable given accommodation conditions, those convicted of simple drug use should, as far as possible, be held separately from those convicted of smuggling, manufacturing, selling, etc.

Accommodation of inmates of concern (Article 15)

• Inmates of concern must be held in single cells. However, the warden may hold them in shared cells where necessary, such as for suicide prevention.
• When they are held in shared cells, the inmates who will share the cell must be carefully selected.

Exercise, etc. of inmates of concern (Article 16)

• As a rule, exercise, bathing, haircuts, etc. for inmates of concern are conducted individually.
• Where exceptions are made, the prior permission of the head of the custody management team must be obtained, and additional guarding staff must be assigned where necessary.

Treatment of LGBTQ inmates (Article 35)

• The warden must designate a separate counselor for LGBTQ inmates to help them lead a stable life in custody, based on counseling results and the medical officer’s judgment.
• The warden must hold LGBTQ inmates in single cells in a housing unit suited to their sexual identity, considering comprehensively the opinions of the medical officer or a specialist at an outside medical facility, counseling results, etc. However, they may be held in shared cells where necessary to prevent suicide and other correctional incidents or to support reintegration into society.

C. Cell Assignment

General rules on cell assignment (Article 38)

• Inmates for whom there is a risk of destroying evidence through collusion or of escape must be held in separate cells. These include accomplices, organized-crime inmates of the same faction, and inmates in conflict with each other.
• When 6 months have passed since an unsentenced inmate or a sentenced inmate not assigned to work was assigned a cell, the inmate must be reassigned to another cell within 30 days, to prevent a hierarchy forming among inmates. However, this does not apply to drug offender inmates.

Cell assignment criteria for unsentenced inmates (Articles 41 to 48)

Order of priority for cell assignment: basic → recidivism-prevention → supplementary → additional classification (Article 47)

Detailed classification by offense (Annex 2)

Cell assignment criteria for sentenced inmates (Articles 50 to 55)

Order of priority for cell assignment: basic → security treatment → additional classification (Article 55)

D. Civilian Clothing for Unsentenced Inmates

Types and quantities (Article 62)

• Types of civilian clothing, etc.: garments such as suits, jackets and shirts; footwear such as dress shoes and sneakers
• The quantity of civilian clothing, etc. that may be brought into a correctional institution is one set and one pair per type, except that up to 2 shirts are allowed.

E. Visits

Saturday visits (Article 67)

• As a rule, visits are not held on Saturdays.
• Correctional institutions operating a four-shift security system may hold visits in visiting rooms, limited to the following visitors:
  • Children of inmates under 19 and one primary caregiver
  • Persons wishing to visit intensive-work sentenced inmates who have not had visits on weekdays

Child-care visits (Article 67(4))

• For children under 13 accompanied by one primary caregiver, child-care visits may be held in a place without a contact barrier. However, drug offender inmates, sexual violence inmates (offenses against children under 13, rape of relatives, etc.), child abuse inmates and domestic violence inmates are excluded.

Number of visitors per visit (Article 70)

• An inmate may receive up to 3 visitors per visit. However, the warden may increase this to 5 where necessary, considering the size of the institution’s visiting rooms, etc.

Number of visits per day (Article 71)

• Inmates are limited to 1 visit per day, and a visitor may make 1 visit per day at the same correctional institution.

Hours for receiving in-person visit requests (Article 75)

• Visit requests from visitors in person are received from 08:30 to 16:00 on days when visits are held.

Restrictions on receiving visit requests (Article 77)

Visit requests may be refused in the following cases.

• Where the visitor is deemed too intoxicated to conduct a normal visit
• Where a person under 14 applies for a visit alone (excluding lineal descendants)
• Where the visitor is suspected of mental illness and deemed unable to conduct a normal visit
• Where the visitor disrupts the order of visits through verbal abuse, violence, etc.
• Other cases where there is a risk of harming the safety and order of the correctional institution
• Where a visitor obstructs work, such as by demanding that a refused request be accepted, the Security Headquarters must be contacted immediately so that appropriate action can be taken.

Recording visitors’ personal details, etc. (Article 78)

• When a person applies to visit an inmate, the warden must record the person’s name, date of birth, address and relationship to the inmate. However, if the applicant is defense counsel in the relevant case, only the name and address are recorded.

Escorting to visits (Article 79)

• Visit escort officers must escort no more than 20 inmates per officer to the visit waiting room.
• Visit escort officers must not escort together, or have wait together in the waiting room, inmates who are accomplices, organized-crime inmates of the same faction, etc.
• Visit escort officers must search the body and clothing of inmates before and after visits.

Visit procedure (Article 80)

• Visit procedure officers must notify visitors of the visit session and visiting room number by announcement or orally.
• For each session, visit guidance officers must check visitors’ application forms against their identification. Once everything is confirmed, the visitors enter the visiting room first, followed by the inmate.
• Visit guidance officers must announce the start and end of visits using announcements, signal bells, etc.

Recording the contents of visits, etc. (Article 81)

• Correctional officers attending visits under Article 62(1) of the Enforcement Decree must summarize the conversation in the visit record. If any content may be useful for the inmate’s rehabilitation or treatment, it must be recorded in detail, reported to a superior and communicated to the relevant divisions.

Keeping visit records, etc. (Article 82)

• When an inmate is transferred to another correctional institution, the warden must send the visit records along with the custody record book, etc. When an inmate is released or dies, the visit records must be bound into the custody record book.

Notification of prohibition on visits, etc. (Article 83)

• When notifying family members or others that visits, correspondence or telephone calls are restricted under Article 133(2) of the Enforcement Decree and Article 222 of the Enforcement Rules, the warden must record and manage this using Form No. 1.

F. Visits by Defense Counsel and Official Visits

Points to note for visits by defense counsel (Article 86)

• Visits to inmates by defense counsel must take place in the defense counsel visiting room.
• Where one defense counsel wishes to visit several inmates who are accomplices, they must be escorted individually at intervals so that the accomplices cannot come into contact with each other.
• During the visit, officers must observe carefully to ensure that counsel and the inmate do not exchange items or communicate through secret signals, and must thoroughly search the inmate’s body and clothing before and after the visit.

Exchange of litigation documents, etc. during visits by defense counsel (Article 87)

• During visits by defense counsel, only litigation documents and letters under Article 84(3) of the Act may be exchanged between counsel and the inmate. Other items follow the procedures for receiving and returning property held in custody.
• Where litigation documents are to be exchanged, the officer on duty in the defense counsel visiting room receives them directly, checks the contents, records them in the litigation document register and hands them to the other party.

Official visits (Article 89)

• Where judicial police officers, diplomats, employees of other public offices, etc. apply to visit an inmate for official purposes, the visit is held upon receiving a reservation or an official request for cooperation through the Korea Information System of Criminal-Justice Services (KICS).
• Official visits do not count toward the number of visits prescribed by the Act, Enforcement Decree and Enforcement Rules.
• Official visits are held within the working hours under Article 9 of the Regulations on the Service of State Public Officials. However, the warden may allow visits outside visiting hours where particularly necessary.

G. Visits in a Different Location

Grounds (Article 90)

The warden may allow an inmate to have a visit in a designated place without a contact barrier, conducted in the ordinary manner (a “visit in a different location”), where any of the following grounds applies.

Visits in a different location must not be allowed for the following inmates (with exceptions possible, after deliberation by the Correctional Officers’ Council, where particularly necessary for counseling, etc.).

• Suspects (including defendants or sentenced inmates under investigation for additional cases)
• Inmates under investigation for, or serving disciplinary punishment for, rule violations
• Inmates falling under any item of Article 210 of the Enforcement Rules
• Inmates under Articles 198 and 204 of the Enforcement Rules (organized-crime inmates, drug offender inmates)

Limit on frequency (Article 92)

• Visits in a different location do not count toward the number of visits and may not exceed once a week. However, where the warden deems it particularly necessary for treatment or rehabilitation to exceed this limit, the prior approval of the head of the regional correctional headquarters must be obtained.

Times of visits in a different location, etc. (Article 93)

• Visits in a different location are held on weekdays and last about 30 minutes per visit.
• Where the warden deems it particularly necessary for the inmate’s treatment or rehabilitation, visits in a different location may also be held on Saturdays.

Applications by families of open treatment class inmates for visits in a different location (Article 94)

• Where the family of a sentenced inmate in the open treatment class applies for a visit in a different location, the warden may hold one once a month, unless there are grounds to deem it particularly inappropriate.
• The application must be made by the sentenced inmate’s family at least 7 days before the visit date.

H. Reserved Visits

Period and hours for reservations (Article 101)

• Visit reservations are accepted from after 16:00 eleven days before the desired visit date until before 16:00 on the day before the visit.
• Where a visitor makes a reservation in person, the reception hours are the same as those for receiving in-person visit requests.

Measures against visitors who fail to keep reservations (Article 105)

• Where a visitor makes a reservation and then neither visits nor cancels in advance, the warden does not accept visit reservations from that visitor for 1 month from the following day.
• Where a reservation is cancelled on the day of the visit, any visit that day is held after the originally reserved time. However, if a Saturday visit reservation is cancelled on the day, no request is accepted that day.

I. Audio and Video Recording of Visits

Persons whose visits are recorded (Article 117)

• The warden must make audio and video recordings of visits by unsentenced inmates.
• Visits by the following sentenced inmates and others must be recorded in audio and video:

Attendance of correctional officers at recorded visits (Article 118)

The warden must have a correctional officer attend recorded visits to listen to and record their contents in any of the following cases.

• Inmates for whom a court or the prosecution has requested the attendance of a correctional officer
• Inmates under investigation for, or serving disciplinary punishment for, rule violations
• Inmates with speech or hearing impairments for whom communication through conversation is difficult
• Inmates for whom the warden deems the attendance of a correctional officer necessary to listen to and record the contents of the visit

Retention period for recordings (Article 128(4))

• Audio recordings: 3 years from the inmate’s release date
• Video recordings: 30 days from the visit date

J. Orientation for New Arrivals and Prevention of Initiation Hazing

Timing of orientation (Article 140)

• The warden must provide new-arrival orientation within 5 days of the date an inmate is admitted or transferred in.
• Orientation must be provided separately for unsentenced and sentenced inmates.

Cell assignment for new arrivals (Article 195)

• For inmates admitted at night, on Saturdays, on public holidays, etc. for whom normal cell assignment is difficult, a temporary cell may be assigned for up to 1 day (up to 3 days if the next day is a Saturday or public holiday).
• For 3 days from admission, a sign marked “New Arrival” must be hung on the door of any cell holding a new arrival.

Exercise time (Article 308)

• Exercise is not held on public holidays and Saturdays, except where permitted by the warden for the inmate’s treatment.

Number of inmates exercising (Article 309)

• Number per exercise session: up to 5 for inmates in single cells, up to 30 for inmates in shared cells

K. Collecting Court Appearance Costs from Inmates in Civil and Other Litigation

Claiming court appearance costs (Article 443)

• Where an inmate appears at a court or similar body outside the jurisdiction of the correctional institution to attend civil, administrative or family litigation or to inspect or copy litigation records, the warden must claim the vehicle operating costs (fuel and tolls) from the inmate. However, this does not apply where there are special circumstances in which the inmate cannot bear the costs.

Procedure for collecting court appearance costs (Article 444)

• An inmate who has been billed must pay the costs with revenue stamps by the day before the scheduled appearance.
• Where an inmate wishes to appear without paying, the inmate is taken to court, and the costs are later set off, using the claim for reimbursement of appearance costs as the offsetting claim against the claim for return of custody funds.

L. Rewards for Those Who Help Capture Escaped Inmates

Reward Review Committee (Article 448)

• A Reward Review Committee is established in each regional correctional headquarters.
• The Committee consists of 5 members, including 1 chair.
• The head of each regional correctional headquarters serves as chair.
• Committee resolutions require the approval of a majority of all members.

Restrictions on paying rewards (Article 451)

• Where the report is found to be untrue or concerns a matter already reported
• Where the person who helped declines the reward
• Where the report was made anonymously or under a false name so that the reporter cannot be identified
• Where a duty to report is prescribed by law, or the investigation of crime or apprehension of offenders is part of the person’s official duties
• Where a public official reports a matter relating to his or her current or former duties

M. Establishing Emergency Call-Up Readiness

Emergency call-up drills (Article 461)

• The warden must conduct an emergency call-up drill for all staff at least once a month, including an actual-response drill at least once a quarter, and must record and keep the results.

N. Inspection and Observational Visits to Correctional Institutions

Persons who may be permitted to visit (Article 467)

The warden may permit observational visits to a correctional institution by any of the following.

• Heads of local agencies and organizations
• Professors and students majoring in criminal justice fields (law, corrections, police administration, etc.)
• Academic research organizations and their researchers
• Media organizations and journalists
• Public officials and officers and employees of public organizations
• Social service organizations and their members
• Religious organizations and clergy
• Juvenile delinquents
• Inmates’ families and local residents
• Other persons the warden deems should visit

Custody-life experience visits (Article 472)

• Custody-life experience visits are based on a 1-night, 2-day stay.
• Visitors must not be accommodated in the same cell as inmates.

<Summary of the Relationship Among the Four Directives>

Inmates Act (Act), Articles 8, 41–44, 57–62 and 107–115
    ↓ delegation
Enforcement Decree and Enforcement Rules of the Inmates Act (Ministry of Justice Ordinance)
    ↓ delegation
┌──────────────────────────────────────────────────────────────────────────────────────────┐
│ Regulations on the Correctional Special Judicial Police (Directive) │ Directive on Disciplinary Standards by Type of Correctional Incident (Established Rule) │
│ Directive on Accommodation Classification, Transfer and Records (Established Rule) │ Directive on Custody Management and Guarding Work (Directive) │
└──────────────────────────────────────────────────────────────────────────────────────────┘

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