Chapter 14 Release and Protection
When the inmate's prison sentence is served, the inmate shall be released before midday on the final day of the sentence.
Inmates approved for parole shall be released within 24 hours of the delivery of the probation order to the prison. However, where there are concerns in the transfer, handover, escort, accommodations, transportation, connection for probation, or other security concerns or special reasons, the inmate may be released on a designated date.
The prison shall issue a parole certificate for those released inmates in the preceding paragraph. It shall also inform the inmates of the regulations that the parole may be revoked if the inmates fail to report to the prosecutor of the prosecutors office responsible for executing probation at designated times. The prison shall also notify the authority responsible for executing probation of the inmate’s release date.
A pardoned inmate shall be released within 24 hours of the delivery of the official document.
Unless otherwise stipulated by law, the protection and assistance matters after the release of an inmate shall be investigated before the inmate completes the sentence for release or before the inmate’s application for parole. Where necessary, additional reviews may be conducted before the release.
Where an inmate is assessed and evaluated to be at risk of recidivism in accordance with Article 91-1 of the Criminal Code or Article 22-1 of the Sexual Assault Crime Prevention Act and compulsory treatment is necessary, the prison shall deliver the assessment and evaluation report for compulsory treatment of the inmate to a prosecutor of the prosecutors office four months before the completion of the sentence. The prosecutor shall apply to the court for a decision to implement post-release compulsory treatment two months before the completion of the sentence.
The compulsory treatment in the preceding paragraph shall be conducted at a suitable medical institution outside the prison.
Where an inmate’s actual sentence of imprisonment is less than six months and an evaluation cannot be performed, the prison shall submit relevant information and notify the competent authority of the municipality or county (city) government at the location of the inmate's household registration. The compulsory treatment shall be processed in accordance with Article 20 of the Sexual Assault Crime Prevention Act.
When an inmate is released, the prison shall consider his/her health status and instruct the inmate to prepare suitable clothing and traveling expenses.
Where the inmate cannot prepare sufficient clothing or travel expenses, the prison shall notify the local after-care association or relevant organizations to consider providing assistance.
Before releasing inmates who are old and fragile, gravely ill, or physically or mentally disabled and cannot take care of themselves, the prison shall notify family members or individuals deemed appropriate by the inmate to pick up the inmate at the prison. Where such individuals cannot be reached or where they refuse to pick up the inmate after receiving a notice, the prison shall submit relevant documents and notify the social welfare authority of the municipality or county (city) government at the location of the inmate’s household registration to make placement referral or make other necessary arrangements.
Where there are individuals, legal entities, organizations, or authorities (agencies) that must be notified before the release of an inmate in accordance with other regulations, the prison shall comply accordingly.