Ministry of Justice to Minimize Use of Handcuffs and Restraints on Juvenile Offenders

Preventing Social Stigma and Defamation... "Consulting with Prosecution, etc. to Minimize External Transfers"

[Asia Economy Reporter Baek Kyunghwan] The Ministry of Justice has decided to minimize the use of handcuffs and restraints during the escorting process of juvenile offenders. This measure reflects internal and external concerns that such actions could lead to social stigma and defamation.

According to the legal community on the 25th, the Ministry of Justice has deleted detailed usage regulations for protective equipment such as handcuffs, restraints, gas guns, and stun guns, which were previously used or carried during the transfer of juvenile detention center inmates, in the revised "Enforcement Rules of the Act on the Treatment of Juveniles in Protection, etc." This is a follow-up measure after the Ministry of Justice legislated the specific use of protective equipment as a law in April to protect the human rights of juveniles in protection.

Previously, the Ministry of Justice's Juvenile Protection Innovation Committee recommended improving the escort and investigation methods for juvenile offenders who have committed crimes and are undergoing classification review or living in juvenile detention centers when they appear at the prosecution or court. At that time, there were criticisms that the use of equipment such as handcuffs and restraints ignored the basic purpose of juvenile protection and infringed on human rights.

Accordingly, the Ministry of Justice has minimized the scope of use for each piece of equipment. According to the revised enforcement rules, the use of handcuffs and restraints is allowed only with prior approval from the juvenile detention center director when the juvenile is hospitalized in an external hospital or when transferring three or more juveniles. In situations where the risk of escape is low, such as interview subjects, their use may be omitted. Especially when using handcuffs and restraints, care must be taken not to compress blood vessels and to allow blood circulation.

The Ministry of Justice plans to continue introducing human rights protection measures for juvenile offenders. To minimize external transfers of juveniles as pointed out by the Juvenile Protection Innovation Committee in February, practical consultations are underway to establish a remote video investigation system with the prosecution office.

For example, during prosecution or police investigations, the principle is for the investigator to visit the interview room inside the juvenile detention center or conduct the investigation remotely via video or telephone, representing a non-face-to-face method. The committee also recommended that if a face-to-face investigation is unavoidable and must be conducted at the prosecution office, prior approval from the prosecution office's human rights supervisor should be obtained.

The Ministry of Justice also proposed to the courts to allow juvenile court judges to visit juvenile classification review officers or juvenile detention centers for hearings. Additionally, measures to normalize school education in juvenile protection facilities were mentioned, as some juvenile detention centers are not accredited schools and thus cannot provide regular education. Although open treatment such as commuting and attending classes is currently provided to support the social reintegration of juvenile offenders, the committee urged guaranteeing the right to learn through more diverse methods.

Meanwhile, the Ministry of Justice operates six vocational training juvenile detention centers and four academic education juvenile detention centers for correctional education of juveniles in protection. To help juveniles who have interrupted their studies obtain academic qualifications, all juvenile detention centers run a qualification exam course, resulting in 178 passing (213 took the exam, pass rate 83.6%) in the first half of 2021.