A detention center’s execution of disposition or management measure on a defendant shall not be suspended in response to the filing of a petition or complaint. However, where the detention center deems it necessary, it may suspend the execution.

A detention center shall not render discriminatory treatment or unreasonable punishment in response to a defendant’s petition, complaint, or initiation of legal remedy.

A defendant may file a written or verbal petition to the detention center, inspection panel, or other inspectors.
A detention center shall set up an opinion box at an appropriate place for defendants to file petitions or voice opinions.
A detention center shall handle the petitions or opinions of defendants in an appropriate manner.

Where a defendant has one of the following situations while in detention, the defendant may file a written or verbal complaint to the detention center:
1. The defendant disagrees with the disposition or management measure of the detention center, believing it undermines his/her personal rights and interests.
2. The detention center refuses the defendant’s request made in accordance with this Act or does not render a decision on the request within two months of the request and the defendant believes that his/her rights or legal interests are damaged.
3. Disputes involving payment of property arising from the detention based on public laws.
Complaints associated with disposition or management measure under Subparagraph 1 of the preceding paragraph or for denied requests under Subparagraph 2 or Subparagraph 3 of the preceding paragraph shall be filed within ten (10) days starting from the next day following defendant’s receipt or awareness of the disposition or management measure. Complaints associated with the failure to render a decision on a request under Subparagraph 2 or Subparagraph 3 of the preceding paragraph shall be filed within ten (10) days starting from the next day following the elapse of two months after the defendant made the request.
Where the detention center deems the defendant’s complaint to have merit, it shall immediately suspend, revoke, or change the original decision or execution of disposition or management measure or render a decision based on the defendant’s request or complaint.
When the respondent of a disposition or management measure rendered in a manner other than writing has legitimate reasons to request the disposition or measure be rendered in a written format, the detention center may not refuse such a request.
The aforementioned document shall specify the reasons, remedies available, deadline for requesting remedies, and authority-in-charge.

A defendant may appoint a lawyer to act as his/her agent for filing complaints in accordance with the preceding article and initiating legal remedy in accordance with Paragraph 2 of Article 102. The lawyer shall provide a power of attorney to the detention center or the court.
With approval of the detention center or the court, the defendant or the agent may be present with an assistant.
Where the detention center or the court deems it necessary, it may order the defendant or the agent to be present with an assistant.
Where the detention center or court deems the qualifications of assistant specified in the two preceding paragraphs to be unfit, it may revoke the approval for the assistant or prevent the assistant from making statements.
Statements made by the assistant to which the defendant or agent does not immediately object shall be regarded as their own statements.

A detention center shall set up a complaint review panel (hereinafter referred to as the “review panel”) to handle complaints. The review panel shall have nine members which must be approved by the supervisory authority. The review panel shall be composed of three representatives assigned by the director of detention center and six scholars, experts, or impartial community members. A member assigned by the detention center director shall serve as the chair. Neither gender shall constitute less than one-third of all members.

Where a complaint is filed in a written format, the complainant shall fill out a complaint form, state thereon the following information, and then sign or affix a seal on the form:
1. Name of the complainant; the name and address of the appointed agent or assistant, if applicable.
2. Facts of the complaint and the time of occurrence.
3. Reasons for filing the complaint.
4. Date of the complaint.
Where a complaint is filed verbally, a complaint form must be filled out by a detention center personnel on behalf of the complainant. After the complaint form is read to the complainant or reviewed by the complainant to confirm its contents, the complaint form shall be signed or sealed by the complainant.

Where the review panel deems the complaint form non-conforming with the prescribed formality but the deficiency may be amendable, it shall notify the complainant to complete an amendment within five (5) days.

Meetings of the review panel shall be convened only if more than half of the total members attend the meeting. Decisions shall be made only with the consent of more than half of the members present in the meeting. Where the consenting and dissenting votes are the same, the decision shall be made by the chair.
When the review panel makes a decision, the number of recused members will not be included in the calculation of the number of members in attendance.

A review panel member having any of the following situations should recuse himself/herself in a complaint case and may not participate in voting on a decision:
1. The review panel member is or was the spouse, blood relative within fourth degree of kinship, relative-in-law within third degree of kinship, parent, or family member of the complainant.
2. The review panel member is or was the agent, defense attorney, or assistant of the complainant.
3. The review panel member is the complainant or the subject of complaint, or was the subject of a complaint previously filed by the complainant.
Where there are specific facts showing that the review panel member may be biased in regards to the complaint, the complainant may apply to the review panel for recusal of the member from the case by citing reasons and facts.
The application in the preceding paragraph shall be determined by the review panel. Where the complainant disagrees with the review panel’s decision to reject the application, the complainant may file a request to the supervisory authority for review and decision within five (5) days. Except where there is a legitimate reason, the supervisory authority shall take appropriate actions within ten (10) days.
Where the complainant disagrees with the supervisory authority’s decision in its review, it may only state his/her objection when initiating an administrative litigation against the substantial decision.
Where a review panel member has a situation described in Paragraph 1 but fails to recuse himself/herself and the complainant has not applied for the member’s recusal, the detention center should order the recusal of the member based on its authority.

The complainant may withdraw a complaint after filing it but before a decision is delivered to the complainant. Where a complaint is withdrawn, the complainant may not file another complaint based on the same reasons and facts.

The review panel shall render a decision within twenty (20) days starting from the next day following the acceptance of the complaint. Where necessary, the review period may be extended for ten (10) days and the complainant shall be notified.
Where a notice for amendment is issued in accordance with Article 89, the period in the preceding paragraph shall be calculated from the next day following the receipt of amendment by the review panel.
Where the review panel fails to reach a decision before the stated deadline, the original disposition shall be deemed as revoked.

The review panel shall notify the complainant, appointed agent, and assistant to attend and state opinions when reviewing a complaint.
Where the complainant is being housed at another institution, the complainant’s statement may be presented in a written format, by video or audio, video conference, telephone, or other means.
Where statements in the preceding paragraph are presented in a manner other than written format, the detention center shall make a record and ask the complainant to sign or affix seal thereon after the statement is read to the complainant or reviewed by the complainant to confirm its contents. Where the complainant refuses to sign or affix seal thereon, his/her reasons for refusal should be documented. Where the complainant objects to the record, the record should be corrected.

The complaint under review may not contain information on offenses, term of imprisonment, number of offenses, or previous violation records which were unrelated to the complaint.

The review panel should investigate evidence based on its vested authority and shall not be bound by the claims of the complainant. It shall pay attention to all matters that are favorable and unfavorable to the complainant.

The complainant may request the review panel to investigate facts and evidence in the complaint process. Where the review panel deems the investigation unnecessary, it shall specify the reasons for not conducting an investigation in the complaint decision.

The review panel should produce meeting minutes.
The meeting minutes in the preceding paragraph shall include the summary of statements made by those present in the meeting and the documents and evidences they provided. Where a member has different opinions on the decision made in the review, such opinions may be included in the minutes record if so requested by the dissenting member.

The detention center shall render a decision to reject the complaint if the review panel deems that complaint meets one of the following conditions:
1. The complaint does not concern matters specified in Paragraph 1 of Article 85.
2. The complaint is filed past the deadline specified in Paragraph 2 of Article 85.
3. The complaint does not conform to the prescribed formality and the deficiency is not amendable or the complainant is notified to make amendment in accordance with Article 89 but fails to do so within the prescribed period.
4. The complaint is filed based on the same reasons and facts for a complaint for which a decision has been made or a complaint that had been withdrawn.
5. The complainant is not the recipient of disposition or management measures specified in Subparagraph 1, Paragraph 1 of Article 85 or the person making the request specified in Subparagraph 2 or Subparagraph 3, Paragraph 1 of Article 85.
6. The detention center has already suspended, revoked, or changed the original disposition or execution of disposition or management measure or has rendered a decision based on the defendant's request or complaint in accordance with Paragraph 3 of Article 85.

Where the review panel deems the complaint to have merit, it shall suspend, revoke, or change the original disposition or execution of disposition or management measure or render a decision based on the defendant's request or complaint. However, the review panel must not make changes or impose disposition or management measure that is more unfavorable to the complainant.
Where the review panel deems a complaint meritless, the detention center shall render a decision to dismiss the complaint.
Where the reason for the original disposition or management measure is inappropriate but such disposition or management measure is justified based on other reasons, the complaint shall be deemed meritless.

A detention center should make a decision based on the decision rendered by the review panel in accordance with the two preceding articles.
The complaint decision shall specify the following particulars:
1. The name, date of birth, address, and ID number of the complainant.
2. The name and address of the appointed agent or assistant, if applicable.
3. Main text, facts and reasons; Facts may be omitted if a decision is rendered to dismiss the complaint.
4. Where a suit may be filed in a court in accordance with this Act, the remedial measures, time period for filing, and authority-in-charge shall be specified.
5. The decision-making authority and its chief.
6. The date.
The decision in the preceding paragraph shall be delivered to the complainant and its appointed agent; a copy shall be delivered to the supervisory authority and the court that issues the detention order or the prosecutor.
After receiving the decision specified in the preceding paragraph, the supervisory authority shall carefully read its contents, and supervise the detention center to make improvement if it deems that there are deficiencies in the detention center’s original disposition or management measure.
If the time period for filing administrative litigation noted in the complaint decision is erroneous, the detention center shall make correction and notify the parties concerned, and recalculate the statutory period starting from the delivery date of the correction notice.
Where the complaint decision does not contain information specified in Subparagraph 4 of Paragraph 2 or where there is an error in the information that is not corrected in accordance with the preceding paragraph that causes the defendant to miss the deadline for filing administrative litigation, an administrative litigation filed within three months from the delivery date of the complaint decision shall be deemed as filed within the statutory period.

Unless otherwise provided by special provisions, a defendant who disagrees with the ruling or disposition made by the court that issues the detention order or the prosecutor may file an interlocutory appeal or file a motion to reverse or amend the ruling, to which the provisions of Chapter XIII, Part 1 of the Code of Criminal Procedure on Decisions and Part IV on Interlocutory Appeal apply mutatis mutandis.
For disputes in connection with the disposition of prohibition or seizure made by a detention center in accordance with Paragraph 3 or Paragraph 4, Article 105 of the Code of Criminal Procedure, a defendant may file a written or verbal objection with the detention center before the original instruction of prohibition or seizure is cancelled. In such event, the detention center shall make a decision in three (3) days. Where the detention center deems the defendant’s objection to have merit, it shall immediately suspend, revoke, or change the original disposition or render a decision based on the defendant's request or objection. If the detention center deems the objection meritless, it shall render a decision of objection dismissed.
Where the defendant disagrees with the decision of the detention center in the preceding paragraph, he/she should, within five (5) days, request the prosecutor (if his/her case is in investigation proceeding) or the court that issues the detention order (if his/her case is in trial proceeding) to revoke or change the detention center’s decision by way of a disposition or ruling. The defendant may not object to the ruling of the court.
Unless otherwise stipulated by law, administrative litigation for public law disputes derived from the detention of defendants shall be filed in accordance with this Act.
Where a defendant files a complaint in accordance with this Act and disagrees with the decision rendered, the defendant may file a suit specified in any of the following subparagraphs with the administrative litigation division of the district court at where the detention center is located:
1. Where the defendant believes that the detention center’s disposition has exceeded the necessary extent for achieving the purpose of detention and unlawfully infringes upon his/her basic rights protected by the Constitution, and where such infringement is evidently significant, the defendant may file a suit to revoke the disposition.
2. Where the defendant believes that the disposition in the preceding subparagraph is illegal and the status quo ante cannot be restored or is extinguished due to the execution of the disposition, but the defendant has a legal interest in obtaining a declaratory judgment from the court, the defendant may file a suit for court declaration of illegal disposition.
3. Where the detention center rejects the defendant’s request made in accordance with this Act or fails to render a decision on the request within two months of the request and the defendant believes that his/her rights or legal interests are harmed; or where there is a dispute involving payment of property arising from the detention based on public laws, the defendant may file a payment suit. The same shall apply where the defendant believes that the detention center’s management measure has exceeded the necessary extent for achieving the purpose of detention and unlawfully infringes upon his/her basic rights protected by the Constitution, and where such infringement is evidently significant.
The suits filed in accordance with the subparagraphs in the preceding paragraph shall be filed in a written format.

The suit specified in the preceding article may not be filed in combination with other suits, nor may it claim for damages.
The suits specified in the preceding article shall be filed within the thirty (30) days after the delivery of the complaint decision.
Where the review panel fails to render a decision within twenty (20) days or where a decision is not made after the review period has been extended for more than ten (10) days, the defendant may file a suit specified in Subparagraph 2 or Subparagraph 3, Paragraph 5 of the preceding article after the deadline for a decision.
However, a suit may not be filed after six months have elapsed since the expiry of the deadline for a decision.

Where a defendant submits a written suit to a senior detention center official within the filing period or submits a request to withdraw a suit to a senior detention center official before the court renders a judgment, it shall be deemed as a suit filed within the filing period or a withdrawn before the court renders a judgment.
Where a defendant cannot prepare a written suit, a detention center personnel shall prepare it for the defendant.
Once a senior detention center official receives a written suit or request to withdraw a suit, he/she shall note the time, date, month, and year of receipt and forward it to the court as quickly as possible.
Where a defendant’s written suit or a request to withdraw a suit is not filed through a senior detention center official, the court clerk should notify the senior detention center official immediately after receiving the written appeal or the request to withdraw a suit.
A detention center shall deliver documents and evidences related to the complaint to the court based on its authority or in accordance with the court notice.

Suits filed in accordance with Article 102 shall be tried through summary proceeding. Unless otherwise stipulated in this Act or other laws, the provisions of the Administrative Litigation Act on summary proceeding apply to such suits, and their court costs will be reduced by half.
The judgment in the preceding paragraph may be rendered without oral arguments whereas facts, evidences, and reasons stated in the complaint decision may be cited. Where there are important matters regarding the case that are not included in the complaint decision, or where the defendant’s claims or evidences favorable to the defendant are not accepted, the reasons shall be given in the judgment.