ACT ON THE EXECUTION OF CRIMINAL PENALTIES IN THE ARMED FORCES AND THE TREATMENT OF MILITARY INMATES

영문법령 불러오는 중…

ACT ON THE EXECUTION OF CRIMINAL PENALTIES IN THE ARMED FORCES AND THE TREATMENT OF MILITARY INMATES — 법갈피

Article 44(Correspondence) #

(1) A military inmate may exchange letters with others: Provided, That the foregoing shall not apply to any of the following cases:

1. If a decision is made to prohibit correspondence or to seize letters pursuant to the Military Court Act or other statute;

2. If correspondence is likely to be harmful to the reformation of a military prisoner or his or her return to the society with sound mind;

3. If correspondence is likely to undermine the safety or order of facilities.

(2) Notwithstanding the main clause of paragraph (1), correspondence between military inmates incarcerated in the same military correctional facility shall be subject to prior permission from the warden.

(3) The warden may examine letters sent to and received by a military inmate to check whether the letters contain anything prohibited by a statute or regulation.

(4) The contents of letters sent to and received by a military inmate shall not be censored: Provided, That the foregoing shall not apply to any of the following cases:

1. If the sender or the addressee of a letter is unidentifiable;

2. If a decision is made to censor letters pursuant to the Military Court Act or other statute;

3. If there is sufficient reason to suspect that the contents of a letter includes anything falling under paragraph (1) 2 or 3 or contravenes any criminal statute or regulation;

4. If letters have been exchanged between military inmates specified by Presidential Decree.

(5) The warden may prohibit sending or receiving letters, if he or she discovers as a result of the examination or censorship under paragraph (3) or the proviso of paragraph (4) that a military inmate's letter contains anything prohibited by any Act or statute or regulation that the contents of a letter fall under any of the following subparagraphs:

1. If a letter is written with secret codes, symbols, or incomprehensible special characters;

2. If the evidence of a crime is likely to be destroyed;

3. If the contents of a letter includes anything in contravention of any criminal statute or regulation;

4. If a letter contains an obviously false information with regard to the treatment of military inmates or the operation of correctional facility;

5. If a letter is likely to infringe on privacy or freedom;

6. If a letter is likely to be harmful to the reformation of a military prisoner or his or her returning to the society with sound mind;

7. If a letter is likely to undermine the safety or order of facilities.

(6) The warden shall dispatch or deliver a military inmate's letter without delay, if he or she finds as a result of the examination under paragraph (3) or the censorship under the proviso of paragraph (4) that the letter does not fall under any subparagraph of paragraph (1) or (5).

(7) With regard to a letter that the warden prohibits sending or receiving pursuant to the proviso of paragraph (1) or paragraph (5), the warden shall keep such a letter in the custody of the military correctional facility after notifying the military inmate of the ground for prohibition: Provided, That such a letter may be discarded if the military inmate consents thereto.

(8) Matters necessary for the frequency of dispatch of letters under paragraphs (1) through (5), the methods for the examination of contents of letters, and the procedure for the censorship of contents of letters shall be prescribed by Presidential Decree.

Article 87(Exercise of Force) #

(1) A correctional officer may exercise force against a military inmate in any of the following cases:

1. Where a military inmate escaped or attempts to escape;

2. Where a military inmate attempts to commit suicide;

3. Where a military inmate committed or attempts to commit self-harm;

4. Where a military inmate harmed or attempts to harm another person;

5. Where a military inmate interferes, by physical force, with a correctional officer's due performance of his or her duty;

6. Where a military inmate destroyed or attempts to destroy a facility, instrument, or the like in the military correctional facility;

7. Where a military inmate committed or attempts to commit other act of seriously undermining the safety or order of facilities.

(2) Correctional officers, etc. may exercise force against a person who is not a military inmate in any of the following cases:

1. Where a person attempts to help a military inmate escape;

2. Where a person harmed or attempts to harm a correctional officer or a military inmate;

3. Where a person interferes, by physical force, with a correctional officer's due performance of his or her duty;

4. Where a person destroyed or attempts to destroy a facility, instrument, or the like in the military correctional facility;

5. Where a person invaded or attempt to invade the military correctional facility;

6. Where a person does not comply with a demand by a correctional officer to leave the military correctional facility (including a place in which a correctional officers keeps the custody of a military inmate outside of the military correctional facility).

(3) Security equipment may be used for the exercise of force under paragraphs (1) and (2).

(4) "Security equipment" referred to in paragraph (3) means the equipment and instruments used by correctional officers for the protection of the lives and bodies of people, the prevention of military inmates from escape, and the safety and the maintenance of order of facilities, such as a correctional club, gas sprayer, gas gun, and tear gas.

(5) Prior to the intended exercise of force pursuant to paragraphs (1) and (2), a warning shall be issued to opponents: Provided, That the foregoing shall not apply if there is no time to give a warning in emergency situations.

(6) Force shall be exercised within the minimum necessary extent.

(7) Matters necessary for the types of security equipment under paragraph (3), the requirements for the use of each type of such security equipment, and the procedure for the use of such security equipment shall be prescribed by Ordinance of the Ministry of National Defense.

Article 88(Use of Weapons) #

(1) A correctional officer may use a weapon against a military inmate in any of the following events:

1. Where a person is in imminent peril because a military inmate inflicts or attempts to inflict serious harm on the person;

2. Where a military inmate possesses a dangerous thing that he or she intends to use to commit violence or to make threats and does not comply with an order given by a correctional officer to surrender the dangerous thing;

3. Where military inmates raise or attempt to raise a riot and it is considered difficult to prevent the spread of the riot, unless it is controlled promptly;

4. Where a runaway military inmate keeps running away, ignoring a correctional officer's order to halt;

5. Where a military inmate takes or attempts to take a correctional officer's weapon;

6. Where it is impossible otherwise to avoid the use of a weapon in order to prevent a serious and obvious danger to the lives or bodies of people or a facility.

(2) A correctional officer may also use a weapon against a person who is not a military inmate, if there is a sufficient cause considered imminent in order to protect the life or body of his or her own or another person in the military correctional facility (including a place in which a correctional officers keeps the custody of a military inmate outside of the military correctional facility), deter a person from taking away a military inmate, or prevent danger to a building, other facility, or a weapon.

(3) A correctional officer shall use a weapon with an order of the warden or a person acting on behalf of the warden: Provided, That the foregoing shall not apply to cases where there is no time to wait for an order.

(4) Prior to the intended use of a weapon pursuant to paragraphs (1) and (2), a warning to use a weapon shall be issued to opponents by firing blanks or by other appropriate means.

(5) A weapon shall be used within the minimum necessary extent and shall be the final resort.

(6) Matters necessary for the types of weapons that may be used pursuant to paragraphs (1) and (2), the requirements for the use of each type of weapon, and the procedure for the use of weapons shall be prescribed by Ordinance of the Ministry of National Defense.

Article 95(Imposition of Disciplinary Punishment) #

(1) Disciplinary punishments under subparagraphs 4 through 13 of Article 94 may be concurrently imposed.

(2) When disciplinary punishments are imposed on a military inmate, the disciplinary punishments may be aggravated in accordance with any of the following subparagraphs, whichever is relevant:

1. If at least two concurrent reasons for disciplinary punishments exist: the heaviest disciplinary punishment shall be aggravated by up to one half according to the gravity of disciplinary punishments prescribed by Ordinance of the Ministry of National Defense;

2. If a military inmate committed an act that constitutes a reason for a disciplinary punishment again while he or she is undergoing a disciplinary punishment or within six months after a disciplinary punishment against him or her was completely executed or exempted: The longer term of a disciplinary punishment under any provision of subparagraphs 2 through 14 of Article 94 shall be aggravated by up to one half.

(3) Upon a military inmate who instigated another military inmate to commit an act deserving of a disciplinary punishment or who aided and abetted another military inmate to commit an act deserving of a disciplinary punishment, the same disciplinary punishment as that on the military person who committed the act deserving of the disciplinary punishment shall be imposed, but a disciplinary punishment upon a military inmate who aided and abetted another person to commit an act deserving of a disciplinary punishment may be extenuated by up to one half.

(4) No disciplinary punishment shall be imposed repeatedly for a single act, and disciplinary punishments shall be imposed with the minium extent necessary for the accomplishment of purposes of incarceration, taking into consideration the motive and significance of an act, circumstances after the commission of the act, and other situation.

(5) No disciplinary punishment shall be imposed on the same ground after the lapse of two years after the occurrence of the cause.

(6) Except as otherwise provided for in paragraphs (1) through (5), the criteria for the imposition of disciplinary punishments, matters requiring considerations in imposing disciplinary punishments, and other matters necessary for the imposition of disciplinary punishments shall be prescribed by Ordinance of the Ministry of National Defense.

Article 97(Disciplinary Committee) #

(1) Each military correctional facility shall have a disciplinary committee (hereafter referred to as the "Committee" in this Article) in order to have the Committee make a decision on disciplinary punishments on a person subject to disciplinary punishment.

(2) The Committee shall be comprised of not less than five but not more than seven members, including the chairperson, and the warden shall serve as the chairperson, while committee members shall be appointed or commissioned by the warden from among officers from the competent military unit, military advocates, and outside persons who have much knowledge and experience in correction. At least one outside person and one military advocate shall be included as committee members in the Committee.

(3) The Committee shall hold a meeting upon receiving a demand from the warden for disciplinary punishments and adopt a resolution on disciplinary punishments.

(4) The disciplinary committee shall open a meeting with the attendance of a majority of incumbent committee members and shall adopt a resolution by an affirmative vote of a majority of committee members present at the meeting.

(5) A committee member shall not attend a meeting of the Committee, if he or she is a relative of the person subject to disciplinary punishment or there is other particular ground to believe that his or her impartiality is not expected in deliberation and resolution.

(6) A person subject to disciplinary punishments may file a motion for recusal of a committee member. In such cases, the Committee shall decide, by resolution, whether to exclude the committee member.

(7) The Committee shall give a person subject to disciplinary punishment an opportunity to appear before the Committee and make sufficient statements, and a person subject to disciplinary punishment may state facts favorable to him or her, verbally or in writing, or submit evidence.

(8) Except as otherwise provided for in paragraphs (1) through (7), matters necessary for the composition and operation of the Committee shall be prescribed by Presidential Decree.

ACT ON THE EXECUTION OF CRIMINAL PENALTIES IN THE ARMED FORCES AND THE TREATMENT OF MILITARY INMATES

Article 1(Purpose) #

Article 2(Definitions) #

Article 3(Scope of Application)

Article 4(Establishment of Military Correctional Facilities) #

Article 5(Respect for Human Rights) #

Article 6(Prohibition of Discrimination) #

Article 7(Inspection Rounds of Military Correctional Facilities) #

Article 8(Inspections and Observations of Military Correctional Facilities) #

Article 9(Duties of Correctional Officers) #

Article 10(Separate Incarceration) #

Article 11(Exceptions to Separate Incarceration) #

Article 12(Segregated Incarceration) #

Article 13(Solitary Incarceration) #

Article 14(Shared Incarceration) #

Article 15(Incarceration of New Inmates) #

Article 16(Incarceration of Patients with Infectious Disease) #

Article 17(Matters Subject to Notice) #

Article 18(Photographing) #

Article 19(Transfer of Military Inmates) #

Article 20(Transfer of Military Inmates to Civilian Correctional Institutions) #

Article 21(Notice of Incarceration to Families) #

Article 22(Supply of Clothes and Bedclothes) #

Article 23(Supply of Foods) #

Article 24(Purchase of Goods at One's Own Expense) #

Article 25(Keeping Personal Effects in Custody) #

Article 26(Military Inmates' Possession of Goods) #

Article 27(Delivery of Money or Goods to Military Inmates) #

Article 28(Delivery of Money or Goods Left Behind) #

Article 29(Permission to Use Money or Goods Kept in Custody) #

Article 30(Return of Money or Goods Kept in Custody) #

Article 31(Duty to Take Measures to Improve Sanitation and Medical Care) #

Article 32(Maintenance of Cleanness) #

Article 33(Duty to Keep Clean) #

Article 34(Physical Exercise and Bathing) #

Article 35(Medical Examination) #

Article 36(Countermeasures against Communicable Diseases) #

Article 37(Medical Treatment for Injured Persons) #

Article 38(Medical Treatment in Military Hospitals and External Medical Facilities) #

Article 39(Medical Treatment at One's Own Expense) #

Article 40(Environment for Medical Treatment) #

Article 41(Medical Treatment against Military Inmate's Will) #

Article 42(Visitation) #

Article 43(Interruption of Visits) #

Article 44(Correspondence) #

Article 45(Telephone Conversation) #

Article 46(Attendance at Religious Events) #

Article 47(Keeping and Using Books) #

Article 48(Subscription for Newspapers) #

Article 49(Listening to Radio and Watching Television) #

Article 50(Writing, Drawing, or Painting) #

Article 51(Principles for Treatment of Military Prisoners) #

Article 52(Counselling by Outside Specialists) #

Article 53(Education) #

Article 54(Reformation Programs) #

Article 55(Assignment of Work) #

Article 56(Duty to work) #

Article 57(Work upon Application) #

Article 58(Work Requiring Commuting Outside) #

Article 59(Training for Development of Occupational Skills) #

Article 60(Treatment for Concentrated Labor) #

Article 61(Work on Holidays) #

Article 62(Exemption from Work) #

Article 63(Revenue from Work) #

Article 64(Consolation Money or Solatium) #

Article 65(Relationships with Other Compensation or Damages) #

Article 66(Temporary Release) #

Article 67(Cancellation of Temporary Release) #

Article 68(Principles for Treatment of Military Detainees Pending Trial) #

Article 69(Prohibition of Observations) #

Article 70(Separate Incarceration) #

Article 71(Wearing of Military Uniforms) #

Article 72(Haircut) #

Article 73(Meeting and Correspondence with Counsel) #

Article 74(Special Rules on Investigations) #

Article 75(Working and Reformation) #

Article 76(Provisions Applicable Mutatis Mutandis) #

Article 77(Incarceration of Inmates on Death Row and Psychological Counselling) #

Article 78(No Execution of Death Penalty on Holidays) #

Article 79(Prohibited Goods) #