'Re: Need for Safety Measures in Correctional Facilities'
The National Human Rights Commission of Korea (NHRCK) recommended that the Ministry of Justice establish guidelines to prevent prisoners detained for other crimes from being designated as organized crime offenders based on their past criminal records, but the recommendation was not accepted.
On the 29th, the NHRCK stated, "The Ministry of Justice responded that it will maintain the designation of organized crime offenders even if the current prisoner is incarcerated for crimes unrelated to organized crime," adding, "This can cause serious stigmatization for prisoners who have ceased involvement in organized crime. We express regret over the non-acceptance of our recommendation."
On July 31 of last year, the NHRCK requested the Minister of Justice to take measures so that prisoners with past criminal records would not be designated as organized crime offenders once the statute of limitations on their sentences has expired.
The NHRCK judged that the Ministry of Justice's current policy violates the Act on the Expiration of Punishment, etc. According to this law, once the execution of a sentence is completed and a certain period has passed, the sentence is automatically considered expired.
The NHRCK pointed out, "Designating prisoners as organized crime offenders permanently even after the sentence's effect has expired violates the purpose of the relevant law."
On the other hand, the Ministry of Justice stated, "Organized crime offenders have a significantly high recidivism rate, and even if the sentence has expired, it is difficult to consider that they have left the organization," adding, "There is a high risk of jeopardizing the safety and order of correctional facilities."
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