"Death Row Inmate Files Lawsuit Against State Claiming Depression Due to Overcrowded Prison... What Is the Outcome?"

Daegu District Court Dismisses Petition Due to Lack of Evidence

A death row inmate imprisoned for the robbery and murder of three women filed a lawsuit against the state for damages, claiming "extreme stress due to cramped prison accommodation," but lost the case.

On the 8th, Judge Hwang Yong-nam of Civil Division 17, Daegu District Court Seobu Branch, dismissed the plaintiff's claim due to lack of evidence in the damages lawsuit filed by Jo (age 47), who was sentenced to death for robbery and murder, against the government.

In October 2020, Jo filed a damages lawsuit against the state demanding approximately 49 million KRW in consolation money and delayed damages.

He claimed, "Since being incarcerated in Jeonju, Gwangju, and Daegu prisons from August 14, 2006, I have been unable to maintain the minimum standard of living that a human being should enjoy due to a cell space of less than 2.58 square meters per person."

Jo, who said he suffered mental and physical damage such as depression and sleep disorders due to extreme stress, demanded the state pay 49 million KRW in consolation money and delayed damages.

[Photo by Yonhap News]

The court ruled, "Based solely on the evidence submitted by the plaintiff, it is insufficient to recognize that the defendant infringed upon the plaintiff's dignity and value as a human being, and there is no other evidence to acknowledge this," dismissing the plaintiff's claim.

Jo was indicted and sentenced to death for kidnapping two women while driving a passenger car in Chuncheon, Gangwon Province in 2006, robbing them of valuables, murdering them, and secretly burying the bodies, as well as for killing three women in Chuncheon and Gwangju, Jeonnam, and is currently serving his sentence.

Under Current Law, No Standard for Prison Cell Space Per Inmate

There is no specific standard for the cell space per inmate in correctional facilities under current law.

However, Article 6, Paragraph 2 of the Act on the Execution of Sentences and Treatment of Prisoners stipulates that "the living rooms of correctional facilities must be equipped with adequate space and facilities for lighting, ventilation, and heating so that inmates can live healthily."

The term "living room" refers to the rooms where inmates sleep and live. The Ministry of Justice's internal regulations set the standard for multi-person rooms at 2.58 square meters per inmate. These regulations serve as guidelines for public officials' work but do not have external binding force.