중국의 외국인재소자 인권보호현황 및 개선방안

Abstract

China enacted the prison law in 1994. The rights guarantee of prisoners was prescribed and the human rights protection was stipulated in the revised constitution 2004. Until recently, however, human rights violations have continued for prisoners in prison in China. In particular, various laws, including the prison law in China, were enacted mainly for the management of correction of prisoners of domestic origin. Therefore, the human rights of foreign prisoners are rarely guaranteed. In order to guarantee the human rights of foreign prisoners, an international prison should be set up to separate from and collect with local residents. And proper education should be provided to the prisoners by considering all characteristics such as cultural, linguistic, and religious background. By doing so, the government can guarantee the right to life, health, religion, and education and increase the efficiency of calibration. In addition, the relevant laws such as the Prison Act should be amended and the special management regulations for foreign prisoners should be enacted. As a result, proper calibration management should be conducted and results evaluated to ensure reduction of sentences and parole rights and scientificization and advancement of calibration management. In addition, the personnel system should be changed throughout the personnel management system to provide awareness and job training for calibration managers and to select and deploy expert personnel, including those who can speak foreign languages. We have received considerable criticism both at home and abroad for spending significant amounts of money on the installation and operation of foreign-only prisons where two-thirds of prisoners were Chinese in 2010. Therefore, looking at the status of human rights protection for foreign prisoners at the Chinese prison and figuring out the problem could be the basis for adjusting the speed of various measures to guarantee Korea’s foreign prisoners’ rights. In addition, the data could be used to demand human rights protection for the Korean people who are imprisoned in China based on the principle of reciprocal equality.