Article 43(Correspondence) #
(1) An inmate may correspond with other persons: Provided, That this shall not apply in any of the following cases: <Amended on Feb. 4, 2020>
1. Where a ruling for prohibition and seizure of correspondence is rendered under the Criminal Procedure Act or any other statute;
2. Where it is likely to do harm to rehabilitation of a sentenced inmate or their successful return to society;
3. Where it is likely to do harm to the security or order of the institution.
(2) Notwithstanding the main clause, with the exception of the subparagraphs, of paragraph (1), if an inmate desires to exchange correspondence with another inmate in the same correctional facility, he or she shall obtain permission of the warden. <Amended on Feb. 4, 2020>
(3) Any warden may confirm whether correspondence received and sent by an inmate includes any goods prohibited under statutes. <Amended on Feb. 4, 2020>
(4) The content of correspondence received and sent by an inmate shall not be censored: Provided, That this shall not apply in any of the following cases: <Amended on Feb. 4, 2020>
1. Where the other party of correspondence cannot be confirmed;
2. Where a ruling for censorship of correspondence is rendered under the Criminal Procedure Act or other statutes;
3. Where reasonable grounds exist to suspect that correspondence includes the contents falling under paragraph (1) 2 or 3, or the contents which conflict with criminal law;
4. Where correspondence is between inmates determined by Presidential Decree.
(5) When correspondence of an inmate is found to include any goods prohibited under statutes or regulations or its contents fall under any of the following subparagraphs, as a result of confirmation or censorship under paragraph (3) or the proviso to paragraph (4), the relevant warden may prohibit the sending or receipt of such correspondence: <Amended on Feb. 4, 2020>
1. Where the correspondence has been written with incomprehensible special characters, such as code and sign;
2. Where it is likely to destroy evidence of a crime;
3. Where the correspondence includes contents which conflict with criminal law;
4. Where the correspondence includes clearly false information concerning the treatment of an inmate or operation of the correctional facility;
5. Where it is likely to infringe confidentiality or freedom of privacy;
6. Where it is likely to do harm to rehabilitation of a sentenced inmate or his or her successful return to society;
7. Where it is likely to do harm to the security or order of the institution.
(6) Where a warden sends or delivers correspondence, he or she shall do so promptly. <Amended on Feb. 4, 2020>
(7) A warden shall place in the correctional facility correspondence whose sending or receipt is prohibited under the proviso of paragraph (1) or (5) after recording and managing the detailed ground for the prohibition and informing such ground to the relevant inmate: Provided, That it may be destroyed upon consent of the inmate. <Amended on Apr. 23, 2019; Feb. 4, 2020>
(8) Matters concerning the frequency of sending correspondence, method of confirmation of its contents, censorship procedure, etc. of correspondence shall be prescribed by Presidential Decree. <Amended on Feb. 4, 2020>
[Title Amended on Feb. 4, 2020]