수형자의 인권

Abstract

This article suggests presents the basic trends after considering the Constitutional Court case and the Supreme Court decisions which are related to the human rights of the inmates and I also have suggested critical views and alternative principles for the Constitutional Court decisions and Supreme Court decisions. In particular, I will present the basic legal principles to be followed in cases which legal discipline is given to human rights according to the distinctiveness of the status of inmates. According to the Constitutional Law, the human rights of inmates should also be guaranteed in accordance with the due process principles set out in Article 12 (1) of the Constitutional Law. Inmates are also our neighbors and we live together with them. Inmates who were sent to prisons are also seen as citizens who are basically constituting the state, even though they are guilty and stay in prison with inmate clothes. Therefore, the state must fully guarantee the right of the inmates to be citizens. But the reality is not yet familiar with these principles. The restriction of human rights to inmates should not be contrary to the principle of excessive prohibition, which means the legitimacy of the purpose, the adequacy of the method, the minimum of the damage and the balance of the legitimate interests. Because the inmates are limited in their freedom of nature, they must pay special attention to prevent infringement of human rights and should change the system to improve the human rights of inmates. In addition, the theories and principle of the rule of the law also apply to inmates. Also, if a inmate is infringed by his or her human rights, he or she should be able to use the systems which recovers the infringements. The principle of judicial control over the maximum guarantee and restriction of basic rights in the law of the Constitutional Countries should be applied without exception to all citizens including inmates. After reviewing this, it was suggested that the mandatory parole should be guaranteed as inmates’ rights and the social return of inmates should be expanded.